Study On The Evidential Effectiveness Of Audio-visual Material Of Civil Procedure In Our Country

In 1982, "Law of Civil Procedure (Trial)" listed the first audio-visual material as an independent type of civil action's evidence, Since then. evidence's status of audio-visual material has been set down. Despite the late occurrence, evidence of audio-visual material, with strong visuality and vividness, has been playing an irreplaceable role. Unfortunately, in our country, the statement in"Law of Civil Procedure (Trial) "is too simple, especially little or no evidence touching the effectiveness, which then directly leads to the divergence of academic views and confusion of identification in judicial practice on the effectiveness of evidence of audio-visual material. Based on the status of legislation and judiciary, the author carefully analyzed all sorts of deficiency of the evidence effectiveness system, from the basic theory of audio-visual material, and then put forward concrete recommendations to improve it.This thesis is divided into 3 parts excluding introduction and epilogue. With an eye to basic theory of audio-visual material, the first part analyzes the basic problems such as concept, scope and legal status. After a series analysis, the author advices to adopt a relatively open attitude open to concept and scope. Before sorting through the boundaries of electronic evidence and new type of evidence appear, computer evidence, internet evidence, documents evidence and audio-visual material, we should incorporate all these into the evidence of audio-visual material. As for the legal status, audio-visual material should be given it's independent one, based on the characteristics and our judicial practice. This part lays ideological foundation for later discussion. Based on the legislative and judicial status quo of audio-visual material, the second part analyzes the basic situation and summarizes the main problems including lack of unity, unreasonable norm, confusion on identification and regional standard of demonstrating force. Then dig the causes, lack of legislation. Based on the first part and according to the problems in the second part, the third part puts forward concrete advices to improve the evidential force rules of audio-visual material in civil procedure:to define clear connotation and denotation, unify rules of demonstrating force, regulate ability as evidence, set up concrete rules for investigation and so on.