Research On The Effective Operation Of The Audio And Video System Of Investigative Interrogation By Public Security Organs

The audio and video recording system for investigation and interrogation originated in the United Kingdom.After nearly half a century of development,relatively complete institutional and implementation systems has gradually formed.Some countries and regions have also introduced audio and video recording system at the investigation stage,and have achieved remarkable achievements.The original intention of China’s introduction of the system was to standardize the law enforcement activities of investigation organs and to protect the legal rights of criminal suspects through the supervision of interrogation by investigators.In China,the procuratorial organ was the earliest one to attempt to apply this system,and academic circles as well as judicial practices have made untiring efforts and explorations for the effective application of the system.In2012,Article 121 of China’s Criminal Procedure clearly stipulated the audio and video recording system for investigation and interrogation,which was the first time that the system had been embodied in the form of law in China.After twenty years of exploration and revision,the system has gradually been applied to public security organs in China.Although audio and video recording system for investigation and interrogation has entered a new stage of comprehensive application since the explicit stipulations of Criminal Procedure,the stupulations are too principled;that is,they are only regulated by the Article 121 and lack of operability.In practice,because of the imperfection at institutional level,all investigation organs apply the system according to their own understanding and actual conditions,so there is no unity.In addition,the irregularity of the investigators in the law enforcement process and the weakness of the restriction and supervision mechanism make it difficult to implement the system.The problems at both institutional and practical levels make the full play of the system’s value limited.This thesis is mainly divided into five parts.The first part introduces the historical evolution,litigation values and basic principles of the system of audio and video recording for investigation and interrogation in China.The second part discusses the problems in the application of the system in China and the third part analyzes the underlying causes of these problems.The fourthpart,from the perspective of the legal system,introduces the development of the system in countries of Anglo-American legal system and civil law system,and also introduces the inspiration of the extraterritorial experience for the development of the system in our country.The last part is the core of this thesis.Based on the practical problems in the implementation of the system and China’s actual conditions as well as the extraterritorial experience,this paper proposes several practical suggestions.