From the practice of appellate judicial supervisio

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From the practice of appellate judicial supervision proceedings the necessity and feasibility of reform protest

Law a big step forward, but also marks the audio-visual information and evidence in criminal proceedings in our country's position to be fully established, the evidence shows that further improvement of the criminal proceedings. The examination of video, like audio-visual materials and other evidence, are able to prove the case of the real situation, there are some common attributes. For example: objectivity, relevance, but the examination of video technology as the use of audio-visual materials to a certain stage of the product, but also has characteristics different from other types of evidence, and its main features are: 1. Directness and realism. Questioning people feel standing on the edge of its territory, as reflected in its people, such as hear the sound. 2. Stability. And the testimony of witnesses and other objective and subjective factors susceptible to change compared to the situation, examine the contents of video audio data reflect the long term remains unchanged. 3. With substance dependence. Interrogation video production, must resort to a particular device and its specific features can be formed, such as cameras, video tapes, as these substances do not rely on visual information for people to be fleeting, review, identification of the authenticity of audio-visual materials, but also by specialized precision instruments and equipment can take place. Other evidence that substance dependence is not available. China's Criminal Procedure Law provides audio-visual materials will be examined video evidence as an independent form of evidence is consistent with the objective reality of the situation, there are sufficient theoretical basis. However, it is because of its above-mentioned characteristics, the activities in criminal proceedings, must be flexible and scientific applications. The investigation stage to collect any evidence for the alleged suspects are accused of crime services, if the evidence gathered will not into the waste material, and even play a negative effect. Therefore, the application of video audio-visual materials, the first to review the legality of video programs; Secondly, the interrogation and the interrogation record of its video content is confirmed the same; Third, the trial department of the prosecution of alleged criminal facts have objections, might affect the application of facts of the case should be identified ; Fourth, participants in the proceedings, especially the defendant, defense counsel may be raised in the investigation stage of criminal suspect interrogation procedures, they shall apply; Fifth, do not meet the legal standards of video production, video content and other evidence in this case, contradictions contradictory or video content can not be reasonably excluded, can not be used. In summary, the scientific application of video audio-visual materials, not only in a timely manner to contain the accused retracted, fully effectively refute the defendant and defense counsel's unreasonable, and, to strengthen the allegations, revealed effects of crime, and promote judicial authorities to decide cases in an objective and fair. The application of interrogation video audio-visual materials, along with the development of modern science and technology will further improve in the judicial practice and norms. (Author: Deng Kouxian Procuratorate) Editor: Wu Tianshu (Continued from page 24) the results has been that if the verdict is reasonable, then, the victim filed a request under normal circumstances would not lead to changes in their understanding and identity, so that the victim's request subject to a certain extent, the right to protest the restrictions, therefore, I believe that should extend the right to protest the request of the victim, and further to give the victim to got a negative response, the victim can appeal to a higher prosecution once again request filed protest. Some people think: if it wants to expand the rights of victims, simply to give the victims of This is undoubtedly a bold and form the idea seems more nearly fair,[link widoczny dla zalogowanych], but I believe that this form should not be implemented, because the right of public prosecution, as a public right, because private prosecution, the case of private prosecution as if, like more than to give victims the right to appeal, then against the Although the legal process of rapid development in recent years, but people's awareness of law and legal system quality NEIMENGGUJIANCHA yet reached the extent of developed countries. Therefore, I do not know the victim in the law, and certainly do not understand or know very little about the case of mixed personal feelings will inevitably lead to blind the exercise of rights of victims, so that the uncontrolled increase in the second trial procedures, resulting in unnecessary waste of judicial resources. In particular, if only to expand the scope of protest over the victim gave the right to appeal, then this seems to have been widely accused not to leave any room for the right to appeal, must be direct and serious threat and reduced the defendant's right to appeal. So instead of the uncontrolled expansion of the rights of victims, but the reality of its clarity and extension. In order to both increase to some extent, the procedural rights of victims, but also enable a victim to the prosecution's decision to supervise the effective supervision and useful supplement. (Author: Zhaluteqi Procuratorate) Editor: Wu Tianshu