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Research On The Video And Audio Recording Evidence Of Law Enforcement On The Spot In Public Security Cases

Posted on:2021-05-26Degree:MasterType:Thesis
Country:ChinaCandidate:J W WangFull Text:PDF
GTID:2416330629950799Subject:Science of Law
Abstract/Summary:PDF Full Text Request
Video and audio record of law enforcement has become an indispensable part of law enforcement work.Its content can directly and comprehensively restore the situation of law enforcement,which is a special audio-visual material.Law enforcement video and audio record system plays an important role in promoting the standardization of law enforcement process,especially in the on-site law enforcement of public security cases with timeliness as the guide,its evidence function is gradually explored.There is no doubt that the video and audio of law enforcement can be used as evidence to prove the facts of a case.The general problems of such evidence can be answered by the basic theory of audio-visual evidence.But the problems that can replace the use of relevant documentary evidence lack theoretical guidance and practical exploration,which is the most valuable evidence problem in the current research of video and audio recording.In 2018,the Provisions on the Procedure of Public Security Organs in Handling Administrative Cases by the ministry of public security provides institutional support for the practice of exploring the application field of video and audio record.In other words,when the legal conditions are met,the video and audio on-site law enforcement can replace on-site record,inspection record and public security mediation agreement.The system is designed to relieve the pressure on the front-line law enforcement police to handle cases,in line with the spirit of improving the efficiency of law enforcement.However,the system has been introduced for two years,and local law enforcement agencies are still unfamiliar with the use of the ‘substitution’ system.It is necessary to construct a set of evidence collection rules involving the production of video and audio record to promote the promotion and operation of the system.This paper starts from two parts to construct a set of video and audio forensics rules of on-site law enforcement of public security cases based on substitution system.From the perspective of the legality of obtaining video and audio evidence of law enforcement,this paper explores the methods of breaking the system’s operation resistance,sorts out the relevant legal basis,clarifies the basic elements that need to be included in the record,studies what rules are designed to produce "audio-visual" documentary evidence,and according to the above induction and analysis,designs the template matching with the video and audio documents under the ‘substitution’ system,and puts forward the right remedy measure of illegal behavior of collecting evidence.From the point of view of ensuring the evidentiary power of law enforcement visual and audio evidence,this paper analyzes the factors that affect the relevance and authenticity of the evidence,and puts forward reasonable suggestions for the factors that affect the proving power.
Keywords/Search Tags:Public security case, On-site law enforcement, Video and audio record, Evidence, ‘Substitution’ system
PDF Full Text Request
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