| The synchronous audio and video recording system established by China’s Criminal Procedure Law in 2012 is an important task and measure in the construction of the rule of law in China,which has effectively curbed illegal evidence-gathering phenomena such as torture to extract confessions.However,with the gradual development and promotion of the system,judicial practice has exposed a variety of obstacles and problems.The empirical research institute of the author’s judgment paper is the most common and typical problem,which is the most common and typical problem,the characteristics of the synchronous audio and video reflected by the empirical research institute with the judicial instrument are vague,the evidentiary attribute is unclear,the video data is not consistent with the interrogation transcript,the judicial judgment scale is confused,and the difficulty of the defender to access the audio and video recording data is the most common and typical problem.These problems are closely related to the positioning of the system function,and the laws and regulations give the position of "proving the legitimacy of the interrogation process" to the simultaneous audio and video recording,but cannot sum up its due value content.Judging from the judicial practice reflected in the judicial instruments in recent years,the audio and video recordings obtained during the investigation stage of the trial are not only used to prove the legality of the investigation and interrogation process,but also have the tendency to start directly proving the facts of the case.At the same time,in the countries and regions establishing the interrogation audio and video system,the function of interrogation audio and video can be summarized as the two functions of guaranteeing the voluntary confession and proving the entity facts of the case.Therefore,the point of view of this paper is that the function of synchronous audio and video recording system is positioned as the basis of guaranteeing the voluntary nature of confession,and the function of final evidence is extended to give play to the procedural and substantive value of the audio and video recording system.First,the introduction.This paper introduces the basis of the selection of topics and the current situation of academic research,and points out the focus and characteristics of this paper.The first chapter is an overview of the function of synchronous audio and video recording system,and analyzes the preset function of "proving the legitimacy of interrogation process" of China’s synchronous audio and video recording system from the historical evolution and the opposite side of laws and regulations.The second chapter takes the refereeing instrument as a sample to carry out an empirical study of the operation of the synchronous audio and video system,and visually and realistically shows the practice of the synchronous audio and video system through the data of the refereeing instrument and the introduction of cases.Summarize the problems existing in the operation of the system and analyze the deep-seated reasons behind it,such as the deviation of functional positioning and practical demand,the disunity of legal norms,resulting in the ununiform standard of judicial decision,and the imperfection of supervision and restriction mechanism.The third chapter is positioned as the center of the function of synchronous audio and video recording system,and the function of the synchronous recording and video system of extraterritorial Britain,the United States and Taiwan is analyzed through the perspective of comparative law.The extraterritorial experience shows that reasonable functional positioning is the prerequisite for giving full play to the role of interrogation audio and video recording,and the function,content characteristics and supporting system of the above-mentioned countries and regions have some points for our country to learn from.Chapter Four,on the basis of drawing on the regional practices of extraterritorial countries and contacting the judicial reality of our country,accurately and reasonably locates the function of China’s synchronous audio and video system,targeting the operation rules of the system,designing supporting systems,such as giving the simultaneous video data evidence qualification,unified laws and regulations,establishing a strict supervision and control mechanism,etc.In order to maximize the function of the system,and further improve the level of human rights protection and crime control in China.In the conclusion part,the author further explains the significance of playing the function of proving the facts of the case,and expresses the further prospect of the development of synchronous audio and video system and the theoretical research. |
