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The Research on Synchronous Audio and Video Recording System of Interrogation

Author: ZhangMei
Tutor: ShenHongWei
School: Hunan Normal University
Course: Criminal Law
Keywords: Investigation and interrogation program Synchronous Audio and video recording Proposal
CLC: D925.2
Type: Master's thesis
Year: 2011
Downloads: 179
Quote: 0
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Abstract


Investigation and Interrogation synchronized audio and video recording system in the protection of human rights in the context of strong measures to protect the rights of suspects. Investigation and interrogation sync audio and video recording nature of the information according to their function and purpose, dynamic look: synchronized audio and video data prove the legality of investigation and interrogation procedures, audio-visual materials; evidence as suspects population, a record synchronized audio and video recording The data is suspect confessed and excuse. Sync audio and video recording data with synchronous recording, the objective authenticity repeatedly reproduce, copy, with a high degree of consistency of the original three-dimensional dynamic manifestations diversification characteristics. Synchronized audio and video recordings of the investigation and interrogation of great significance. Examination proceedings, it is possible to protect the interrogation program just and lawful; increase interrogation efficiency; proof of the ability of fixed evidence and confessions; prevent extorting confessions by torture in the interrogation process. Suspects, on the one hand, to protect the legitimate rights of the suspects, on the other hand to reduce the phenomenon of crime suspects estoppel. Investigation and interrogation personnel, elimination of prejudice and misunderstanding of the public security organs; standardize the personnel of the law enforcement investigation and interrogation practices, raise the level of law enforcement; protection of the legitimate rights of the investigation and interrogation personnel. The theoretical basis of the investigation and interrogation sync audio and video recording system, including the protection of human rights theory, theory of due process of law as well as the prosecution and the defense balance theory. The extraterritorial legislation provides the synchronization of audio and video recording system of investigation and interrogation and Practice of reference. China's Interrogation recording, video recording provisions in relation to the relevant regulations issued by the Supreme People's Procuratorate and the Ministry of Public Security. Procuratorate in the country in 2006 to carry out the investigation and interrogation synchronized audio and video recording, followed by public security organs and courts start recording video system practice. Synchronized audio and video recording system and the implementation of the investigation and interrogation, there are many problems, such as the Basic Law level not specified; adapt too narrow; lack of neutrality recording the main body and the supervisors; not inform content before provisions interrogation recording video; lack of openness on the interrogation of the audio and video recording provisions; does not provide for the suspects right to dissent; lack of the relevant provisions of the right to relief; most parts of the financial constraints; inadequate infrastructure; lack of professional and technical personnel; poor awareness of the protection of human rights investigation and interrogation personnel. We should enhance investigation and interrogation synchronous recording the legislative level of the video system, standardize the design of the system, to solve the problem of good judicial practice to perfect sync audio and video recording system.

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