The extended information is as follows:
Five key points to be grasped in doing a good job in conversation record
Deduct the constituent elements to ensure the accuracy of qualitative analysis.
Constitutive elements refer to the combination of subject, subjective aspect, object and objective aspect necessary for an act to constitute a violation of discipline and law, and are the standards for identifying violations of discipline and law. As an important means and way of case evidence collection, conversation notes must be made closely around the objectivity, relevance and legitimacy of constituent elements and evidence. In practice, the rhythm and level of the transcript are usually arranged according to the constituent elements, and described by sections in turn, so that the structure of the transcript is clear and clear. However, in practice, some interviewees made full preparations for defense, downplayed the key links of violating discipline and law, and consciously carried out a tug-of-war between the lines of the transcript, with the intention of getting away with it, and even left blank in the transcript to prepare for the later confession. This requires the case-handling personnel to master the constitutive elements of violation of discipline and law, and gradually determine the facts of violation of discipline and law through multi-angle in-depth inquiry when making transcripts. Taking the bribery case "whether to seek benefits for others" as an example, according to the Interpretation of Several Issues Concerning the Application of Laws in Handling Criminal Cases of Corruption and Bribery (hereinafter referred to as the Interpretation), when making a transcript, we should first consider whether the interviewee has sought benefits for others (any behavior can be recognized as long as it is promised, implemented and realized), and then consider whether there is a situation of "accepting property uninvited while performing duties". Although Article 13 of the Interpretation blurs the elements of "seeking benefits for others" in the crime of accepting bribes, it cannot be simply identified as the crime of accepting bribes just because the two sides have a superior-subordinate relationship or an administrative relationship. It is still necessary to ask questions around "may affect the exercise of authority", record the details of the relationship between the two parties, exchanges, the purpose of giving money, and determine the relationship between the actor's job behavior and receiving property.
Second, restore the factual process to ensure that the plot is informative.
The purpose of making transcripts is to restore the facts of violation of discipline and law. The occurrence and development of everything has a process, and the transcript of the conversation should reflect this process and naturally follow objective laws. For the interviewee, the statement of facts can be indirectly confirmed, even if it is not the content of the constitutive elements, it should be recorded, so that the plot of the record is knowledgeable and logical. It should be noted that the process of restoring facts does not mean recording everything in detail, because recording is not equal to recording. Instead, within the framework of the constitutive requirements of violations of discipline and law, the original words of the interviewee are sorted, processed, refined and summarized, reflecting the time, place, way, object, means and harmful results of violations of discipline and law, and intuitively reflecting the whole picture of violations of discipline and law. In this process, we should pay attention to identify some plots that are not in line with objective facts because the interviewee has false memories or deliberately does it. This problem is common in bribery cases, because bribery cases are often "one certificate and one thing" and lack of other evidence, so the case handlers will try their best to pursue the consistency of the plot of giving money, but sometimes the plot is inaccurate, which will cause "serious injury" to the proof function of the transcript. For example, in a bribery case, the briber said that he gave the money to the other party in a coffee shop one month, but after inquiring, he found that the coffee shop had not opened yet. So don't lose the authenticity in pursuit of the consistency of details, and the details should be recorded "enough is enough".
Third, it conforms to the characteristics of the other party and reflects the true attitude.
In practical work, some comrades think that the transcript of conversation is a procedural document. As long as you master the format and main points, you can set the fixed sentences inside, and you don't need to work hard to ponder. There is no doubt that the quality of conversation transcripts based on this attitude is inevitably not high. We should know that the interviewees are diverse, and different interviewees have different social backgrounds, educational levels and language expression levels. A good conversation record is like "painting" the other person, drawing the image of the other person between the lines, and you can think of this person when you see the record. This requires the case-handling personnel to "tell the story of the client in the words of the client" as much as possible in the process of making the transcript, and the content should conform to the language style and cultural level of the interviewee, so as to make the transcript more objective and true and improve the credibility of the evidence. For example, in a bribery case, the briber asked a business owner to buy him a house in Beijing. Because there is no property transfer procedure and no relevant documentary evidence to reinforce it, it is necessary to confirm the process of asking for bribes in the form of transcripts. When the author repeatedly asked whether this house in Beijing was occupied or invested, the boss repeatedly denied it. Finally, he blurted out: "I'm from the south. I have no relatives and no reason in Beijing. Business does not intersect with the north." I don't speculate in real estate myself. What should I do if I buy a house in Beijing? " When making a transcript, we should pay attention to capturing the words of the interviewee that are close to the real feelings and add them to the transcript in time.
Fourth, keep an eye on key doubts and take the initiative to fill "loopholes"
After the preliminary completion of the transcript of the conversation, we should carefully compare the terms involved in violation of discipline and law, sort out and restore the case again, make the key plot more real, supplement the questions that need special explanation and may be in doubt, eliminate reasonable doubts, and "answer all doubts, so that people who read the transcript can't ask questions." For example, in a bribery case, the briber confessed that from 2006 to 20 15, he gave money to a leading cadre every year except 2009. At this time, the case handlers should immediately follow up and ask: Why did it start in 2006? Why not send it in 2009? Why not send it after 20 16? It turned out that in 2006, the leading cadre began to take charge of a certain business, and the briber began to contact him; In 2009, leading cadres went abroad and the two did not meet; 20 16 leading cadres retired, and bribers felt it unnecessary to send money again. In another case, the briber admitted to giving money to a leading cadre every year from 2008 to the Spring Festival of 20 16, but after one year, the amount was170,000 yuan. The case handlers should ask in time: The other amounts were "50", why is it170,000 yuan this time? The briber didn't want to admit it at first, using "only so much money on hand" as an excuse, but he finally confessed. The leading cadres hinted that he took a fancy to a car, and the briber calculated the price of the car and gave the money to the other party after the purchase tax. It can be seen that timely supplementary questions not only solve the potential "loopholes" in the transcript, but also enrich the details of the case and improve the authenticity of the transcript.
Fifth, avoid common problems and ensure strict norms.
In practical work, common precautions are as follows: avoid the same format of transcripts caused by copying and pasting, especially for multiple transcripts of the same type or descriptions of the same thing by multiple people, appropriately adjust narrative skills to reflect the characteristics of different interlocutors as much as possible; Pay attention to the standard of writing, keep the expression of dates and numbers consistent, prevent the names of relevant personnel from appearing different sounds and characters, and avoid typos; Prevent grammatical errors, such as misplaced objects, improper use of subjects and improper collocation. , and keep the sentences smooth and clear; Pay attention to the start time of taking notes; Pay attention to whether the way and content of the interviewee's signature on the transcript meet the requirements; It is necessary to have a unified understanding and general requirements on whether to record the interviewee's eating, going to the toilet, resting, thinking and emotional changes in the transcript.