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On Criminal Procedure System for Audio and Video Recording

Author: ChenBaoLian
Tutor: ZuoChunLei
School: Jilin University
Course: Procedural Law
Keywords: Investigation and Interrogation Audio and video recording Full synchronization Curb torture
CLC: D925.2
Type: Master's thesis
Year: 2011
Downloads: 183
Quote: 1
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Abstract


The phenomenon of torture and a long time, in recent years, with frequent media exposure extorting confessions by torture cases, more and more people feel forced confessions to be getting worse. Its existence is not only a serious violation of the legitimate rights of criminal suspects, and impairs the fairness and efficiency of the Code of Criminal Procedure, the destruction of the normal judicial process. How to eliminate this chronic illness, maintain the fairness of the rule of law, the authority of the world constantly explore. The British investigation and interrogation of the audio and video recording system to obtain a good practice effect. Fully learn from the advanced experience of foreign countries on the basis of the Supreme People's Procuratorate in 2005 issued a \investigative interrogation files of audio and video recordings. This major step to open the doors of China to actively explore the curb torture, criminal forensics legitimate civilization. As an interrogation system, synchronized audio and video recording set up original intention is to put an end to forced confessions prevention illegal take for behavior, and the ability to achieve the original intention, did not seem to give quite sure answer. This paper attempts to the reasonableness of the synchronization of audio and video recording system, the experiences of other countries, elaborated, combined with our current judicial status proposed some countermeasures to perfect sync audio and video recording system, to realize its value better. The three parts by the introduction, body and conclusion, the text is divided into four chapters. The first generation of audio and video recording system. Prevention of forced confessions are the root causes of the audio and video recording system; audio and video recording system on the need to curb torture performance audio and video recording system is to safeguard and protect the human rights embodied, public investigation and interrogation direct request, protect the needs of investigators. The feasibility is that the judiciary expressed support for audio and video recording system handling the case did not result in a negative impact on the affordability range of the cost of our judicial. The second chapter of the audio and video recording system Comparative Law. Comparative Law, the legislative provisions of the audio and video recording system of the United Kingdom, the United States, Australia, and China's Taiwan region countries legislative requirements of audio and video recording system is different, but there are some things in common, and Implications for China: audio and video recording The system is designed to regulate and restrain the police interrogation behavior; implementation of the system first to get the support and cooperation of the investigators; should fully protect the rights of the defense of the audio and video recording program participation; audio and video recording system to be established in the form of legislation; About Scope of the audio and video recording system in most cases limited to a felony or violent crime: audio and video recordings can be respectively applicable; emphasis on audio and video recording system as procedural fairness. The current situation and problems of the third chapter of our audio and video recording system. From two levels of the legislative and judicial practice of audio and video recording system status quo in the legislation, the provisions of the Supreme People's Procuratorate and more, the Supreme People's Court, Supreme People's Procuratorate, Ministry of Public Security, Ministry of State Security and the Ministry of Justice The newly introduced provisions on the handling of criminal cases to exclude illegal evidence explicitly mentioned in the audio and video recording of the interrogation system. Existing problems of the current system of audio and video recordings, mainly for the narrow scope of application, can not guarantee the full audio and video recordings, presented a difficult problem and the problem of distortion caused by the lack of neutrality of recording the main audio and video recording in court. Chapter IV of audio and video recording system perfect. Build on the system perfect for audio and video recording system, to improve the system in two phases. First, in the stage of investigation and interrogation, to expand the scope of application of audio and video recording system, to redefine the definition of \Presentation of the program, the establishment of the legal consequences of the breach of the rules of audio and video recordings, and give the defendant the right to petition.

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CLC: > Political, legal > Legal > Chinese law > Procedural Law > Code of Criminal Procedure
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