侦查讯问中录音录像制度现状与完善
发布时间：2018-09-16 21:29
【摘要】：近些年来,随着我国司法实践的不断深入和与世界接轨,特别是2012年刑事诉讼法修正案的实施,侦查讯问中录音录像制度得到确立和发展,这是刑事诉讼法的一大进步,在很大程度上为避免和解决侦查讯问中刑讯逼供的问题、保证当事人的合法权利发挥了不可替代的作用。但由于全程录音录像制度在我国建立时间不长,还是新生事物、正在成长,很不成熟,因此,急切需要进一步加强研究,加以完善修正。本文就是从这一目的出发,试图借鉴世界各国全程录音录像的研究成果,主要是英国、美国的先进经验,对照比较我国全程录音录像制度的实践过程,分析了全程录音录像制度的现状、优势和本身存在的固有的问题,对如何完善全程录音录像制度作了一些浅显的思考并提出了一些不成型的看法和建议。引言和第一章论文写作的过程和我国录音录像制度的确立和演变过程。引言从论文为什么选录音录像制度这个题目说起,介绍研究的内容方法和重点难点。第一章从《中华人民共和国宪法》对人权的保障和刑事诉讼法121条说起,介绍了我国录音录像制度的确立和演变过程。第二章则着眼于西方的全程录音录像制度,主要介绍了英国、美国的全程录音录像制度。笔者发现,在西方国家,律师在场权的确立是全程录音录像更好发挥作用的保障。第三章分析了全程录音录像制度的优势和存在的问题。全程录音录像的优势:有利于防范刑讯逼供,减少和避免冤假错案的发生;降低了犯罪嫌疑人虚假供述的可能性,提高了办案效率;保障犯罪嫌疑人的知情权,避免了在侦查中信息不对称的情形;提高侦查人员办案能力,规范侦查人员讯问手段;有利于侦查人员的自身保护,还侦查人员清白。全程录音录像制度本身固有的问题:从心理学的角度分析,全程录音录像制度不能完全保证客观公正;全程录音录像不能克服侦查讯问所固有的强制性,也不能像律师在场制度那样起到很好的预防作用;不能解决好侦查不规范的问题,“欺诈侦查”的度难以把握;看守所在全程录音录像中的地位作用,决定了看守所具有预防刑讯逼供的优势和劣势。第四章:通过北京、河南、云南三地2014-2016年非法证据排除情况的统计和分析,得出了以下结论:在非法证据排除程序中,法官对全程录音录像证据表现出很大的依赖,全程录音录像制度有沦为应对翻供和非法证据排除工具之嫌的问题;非法证据排除程序定位不清,判决文字较简陋,法官未承担详尽审查的义务;非法证据排除程序,律师没有起到相应的作用。第五章提出了如何改进和完善全程录音录像制度建议。主要是两个方面:从制度本身内在的机制机理出发,赋予辩护方与控诉方平等的录音录像查阅权、建立录音录像会签制度、保持录音录像适当的灵活性、坚持录音录像全程性、建立侦羁分离机制和审录分离制度;从外部条件出发,保障非法证据排除中法官中立审判和建立可选择的律师在场制度。
[Abstract]:In recent years, with the deepening of China's judicial practice and the implementation of the Amendment to the Criminal Procedure Law in 2012, the system of recording and video recording in investigation and interrogation has been established and developed. This is a great progress of the Criminal Procedure Law, to a great extent, to avoid and solve the problem of extorting confessions by torture in investigation and interrogation and to ensure the parties concerned. People's legitimate rights play an irreplaceable role. However, due to the fact that the whole-course recording and video recording system has not been established for a long time in China, it is still a new thing and is growing and immature. Therefore, it is urgent to further strengthen the study and improve it. The research results are mainly the advanced experience of Britain and the United States. By comparing and comparing the practice process of the whole-course recording and video recording system in China, this paper analyzes the present situation, advantages and inherent problems of the whole-course recording and video recording system, and puts forward some shallow thoughts and suggestions on how to improve the whole-course recording and video recording system. The introduction begins with the topic of why the paper selected the system of recording and recording, and introduces the contents, methods, key points and difficulties of the study. The first chapter begins with the protection of human rights in the Constitution of the People's Republic of China and the 121 articles of the Criminal Procedure Law. The second chapter focuses on the whole-process recording and recording system in the West, mainly introduces the whole-process recording and recording system in the United Kingdom and the United States. The advantages of the whole process of recording and recording are: to prevent extorting confessions by torture, to reduce and avoid the occurrence of unjust and false cases; to reduce the possibility of false confessions by criminal suspects, to improve the efficiency of handling cases; to protect the right to know of criminal suspects, to avoid information asymmetry in the investigation; to improve the investigators; The whole-process recording and video recording system has its own inherent problems: from a psychological point of view, the whole-process recording and video recording system can not completely guarantee the objective and just; the whole-process recording and video recording can not overcome the inherent mandatory nature of the investigation and interrogation, but also. Unlike the lawyer present system, it can not play a very good preventive role; can not solve the problem of irregular investigation, "fraud investigation" degree is difficult to grasp; the role of the guard in the whole process of audio and video recording, determines the advantages and disadvantages of the guard to prevent torture extortion. Chapter IV: through Beijing, Henan, Yunnan, 2014-2016 three places. The statistics and analysis of the exclusion of illegal evidence in 1998 have drawn the following conclusions: in the exclusion procedure of illegal evidence, judges have shown great reliance on the whole process of recording and video evidence, the whole process of recording and video system has become a tool to deal with the problem of duplication of confession and the exclusion of illegal evidence; the exclusion procedure of illegal evidence is unclear, and the verdict is worse. The fifth chapter puts forward suggestions on how to improve and perfect the whole-process recording and video recording system. It mainly includes two aspects: starting from the inherent mechanism of the system itself, giving the defense and the prosecution equal access to the recording and video recording. We should establish a system of recording and video signature, maintain the proper flexibility of recording and video recording, adhere to the whole process of recording and video recording, establish a mechanism of separation of investigation and detention and a system of separation of auditing and recording, safeguard the neutrality of judges in the exclusion of illegal evidence and establish an optional system of lawyers present from the external conditions.
【学位授予单位】：中国政法大学
【学位级别】：硕士
【学位授予年份】：2017
【分类号】：D925.2
本文编号：2244859
[Abstract]:In recent years, with the deepening of China's judicial practice and the implementation of the Amendment to the Criminal Procedure Law in 2012, the system of recording and video recording in investigation and interrogation has been established and developed. This is a great progress of the Criminal Procedure Law, to a great extent, to avoid and solve the problem of extorting confessions by torture in investigation and interrogation and to ensure the parties concerned. People's legitimate rights play an irreplaceable role. However, due to the fact that the whole-course recording and video recording system has not been established for a long time in China, it is still a new thing and is growing and immature. Therefore, it is urgent to further strengthen the study and improve it. The research results are mainly the advanced experience of Britain and the United States. By comparing and comparing the practice process of the whole-course recording and video recording system in China, this paper analyzes the present situation, advantages and inherent problems of the whole-course recording and video recording system, and puts forward some shallow thoughts and suggestions on how to improve the whole-course recording and video recording system. The introduction begins with the topic of why the paper selected the system of recording and recording, and introduces the contents, methods, key points and difficulties of the study. The first chapter begins with the protection of human rights in the Constitution of the People's Republic of China and the 121 articles of the Criminal Procedure Law. The second chapter focuses on the whole-process recording and recording system in the West, mainly introduces the whole-process recording and recording system in the United Kingdom and the United States. The advantages of the whole process of recording and recording are: to prevent extorting confessions by torture, to reduce and avoid the occurrence of unjust and false cases; to reduce the possibility of false confessions by criminal suspects, to improve the efficiency of handling cases; to protect the right to know of criminal suspects, to avoid information asymmetry in the investigation; to improve the investigators; The whole-process recording and video recording system has its own inherent problems: from a psychological point of view, the whole-process recording and video recording system can not completely guarantee the objective and just; the whole-process recording and video recording can not overcome the inherent mandatory nature of the investigation and interrogation, but also. Unlike the lawyer present system, it can not play a very good preventive role; can not solve the problem of irregular investigation, "fraud investigation" degree is difficult to grasp; the role of the guard in the whole process of audio and video recording, determines the advantages and disadvantages of the guard to prevent torture extortion. Chapter IV: through Beijing, Henan, Yunnan, 2014-2016 three places. The statistics and analysis of the exclusion of illegal evidence in 1998 have drawn the following conclusions: in the exclusion procedure of illegal evidence, judges have shown great reliance on the whole process of recording and video evidence, the whole process of recording and video system has become a tool to deal with the problem of duplication of confession and the exclusion of illegal evidence; the exclusion procedure of illegal evidence is unclear, and the verdict is worse. The fifth chapter puts forward suggestions on how to improve and perfect the whole-process recording and video recording system. It mainly includes two aspects: starting from the inherent mechanism of the system itself, giving the defense and the prosecution equal access to the recording and video recording. We should establish a system of recording and video signature, maintain the proper flexibility of recording and video recording, adhere to the whole process of recording and video recording, establish a mechanism of separation of investigation and detention and a system of separation of auditing and recording, safeguard the neutrality of judges in the exclusion of illegal evidence and establish an optional system of lawyers present from the external conditions.
【学位授予单位】：中国政法大学
【学位级别】：硕士
【学位授予年份】：2017
【分类号】：D925.2
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