摘要
全程录音录像制度对于规范执法行为,保障犯罪嫌疑人基本权利,促进司法公正具有重要意义。全程录音录像不是单纯意义上的技术性措施,其构建应当放在整个刑事诉讼架构中进行,辅以必要的配套措施,明确违反全程录音录像规定的制裁性后果,合力形成完整的制度体系。在当前的社会发展条件下,全程录音录像制度的构建尚难以"一步到位",仍需循序渐进推行,并在主客观条件具备之时全面实施,切实发挥制度的应有功能。
Having been inspired by the practice and exploration of the public security and judicial organs and drawn sustained attention by the academy of law field, the rule of audio and video recording during the entire procedure of investi- gation and interrogation is gradually recognized by all the communities, which may be probably written into the Amendment to Criminal Procedure Law. This rule is of great significance for adjusting the activities of law enforcement, protecting thefundamental rights of the suspects and promoting justice. Audio and video recording is not just a single technical measure. Iin order to establish this rule, we hall put it into the whole framework of criminal procedure, add some supplementary measures, specify the punishments for violating this rule, and fulfill all the other requirements to form a complete system.Under the present social and economical conditions, it is very difficult to establish the rule of audio and video recording dur- ing the entire procedure of investigation and interrogation in one step, however, we need to gradually promote and practice this rule, and fully enforce it when all the subjective and objective conditions get fulfilled so as to exert all the functions which this rule is supposed to have.
出处
《法律科学（西北政法大学学报）》
CSSCI
北大核心
2012年第2期141-148,共8页
Science of Law：Journal of Northwest University of Political Science and Law
关键词
全程录音录像
证据属性
证据能力
audio and video recording during the entire procedure of investigation and interrogation
the characteris-tics of evidence
the evidence capacity
