Research On The Implementation Of The Public Security Synchronous Recording System

Under the background in the era of big data, the real-time record of the interrogation process has become a necessity of historical development. Criminal Procedure Law of the PRC 2012 legally stipulated the synchronized video recording system with simple contents, and even didn’t determine the legal nature of synchronized video recording. At the beginning of 2005, the procuratorial organ began to carry out this system with precise systematic procedures and continuous improvement. However, public security organ’s implementation of the system was delayed too much, after the new law coming into operation in the past two years, the ministry of public security issued public security organ synchronized audio-video recording provisions affiliate with law, experienced phases of reference, trial implementation and feedback, and finally determined to implement partially, aiming to carry out the system among all the nationwide public security organs in 2017. To implement the system, public security organ has to face various problems, which needs an exploration period and gradual improvement in practice. This article applies the method of theory with practice to demonstrate the issues related to public security organs synchronized video recording system, especially solve the problem of synchronized video recording management system construction, in order to better implement this system among public security organs. This article is divided into five parts with about total 17000 words.The first part is to present the basic content of the public security synchronized video recording system. Based on the understanding for the Synchronized audio-video recording provisions of the public security organ issued by the ministry of public security for the interrogation of criminal suspects on 5th Sep, 2014, the article clarifies the applicable scope of the public security synchronized video recording system, principles and basic process.The second part is to analyze the competency of evidences for interrogation record without synchronized video. Synchronized video recording becomes the “ultimate proof" to certify whether the approach of investigator to obtain confession is legal or not, due to its advantage to reappear the whole process of interrogation. Nevertheless, not all of the interrogation has a its corresponding synchronized video recording, so this article is to analyze the legalization for the approach of investigator to obtain confession in various situations by distinguishing several situations without synchronized video recording, and solve the problems for the competency of evidences confessed by such kind of criminal suspects.The third part is to analyze discrepancies among the true intention confessed by criminal suspects, interrogation record, and the synchronized video from the aspect of the natural language. The confession comes from human’s subjective consciousness which may contain false information and also misrepresentation. The conventional solution is to interrogate the suspect several times, and solve the problem by observing the stability of testimony. With the implementation of synchronized video recording system, it is able to determine whether the approach of obtaining evidence complies the principle of probable statement or not and solve the discrepancies among the true intention confessed by criminal suspects, interrogation record, and the synchronized video by the general rules of language expression and the whole process of interrogation reappeared by synchronized video recording.The fourth part is to put forward the idea for the open procedure of synchronized video recording. Synchronized video recording is different from general evidence, it has the characteristics of the entire intuitive, reflect a lot of information, such as investigating method, criminal suspects confession, field personnel aspect and so on. If it is opened before the trial, it will probably bring lots of negative effects, such as questioning strategies exposure and public trial, the parties, the privacy exposure, etc. This article proposes the corresponding open procedures from the aspect of characteristics of synchronous audio-video recording.The fifth part is put forward the idea of the construction for the public security organ synchronized audio-video recording management system. This article is to establish synchronized audio-video recording management system applicable for public security organs’ working according to the characteristics of the synchronized audio-video recording, improving the automation level of case transaction and reducing the personnel costs come from synchronized audio-video recording.