侦查讯问录音录像制度的社会评估:技术、过程与问题导向

The Social Assessment on the Video and Audio Recording System of the Criminal Interrogation:Technology, Process and Problem-orientated

为充分发挥侦查讯问录音录像制度在遏制因刑讯逼供而发生的刑事错案中的重要作用,有必要强化侦查讯问录音录像制度的规范适用。通过实证研究调查发现,侦查讯问录音录像制度在适用与实施过程中存在多种不规范行为甚至是严重违法行为,如对应当进行录音录像的案件进行选择性录制的、讯问笔录与讯问录音录像资料内容严重不符等12种不规范情形。这些情形与该制度设计之初衷不相符合。在对不规范行为的处置情况调查后进行综合社会评估分析表明:侦查讯问录音录像制度不仅需要关注具体制度的操作设计,即制度本身应具有可适用性及可操作性,同时还应注意对配套制度进行规范和完善以期强化录音录像制度的实施效果。

The video and audio recording system plays an important role to curb the occurrence of criminal wrongful convictions. So it is necessary to strengthen the use of the video and audio recording system in the investigation of interrogation in a specification way. There were a variety of non-standard behaviors and even serious violations when the video and audio recording system was used in criminal investigation interrogation, which was not consistent with the original intention of the system design. After the comprehensive survey on this system, it's found that there were at least 12 kinds of non-standard situations that often happened during the implementation of this system. After investigating the disposal methods of these irregularities, we did comprehensive social assessment and analysis. For the video and audio recording system of the criminal interrogation, we should pay attention to the operation design of the concrete system, which refers to the applicability and operability. At the same time we also need to pay attention to the standardization and improvement of the supporting system to strengthen the recording and video system.