Research On Audio-visual Material In Criminal Procedure

Symbolized as the technical evidence time, the audio-visual material can record and reappear the fact that is related to the case, with advanced scientific principles and modern equipments. As independent evidence type is written in our lawsuit system, the audio-visual material have some disadvantages such as confused in definition, lack of maneuverability and so on, not only in the aspect of basic theory, but also in the aspect of judicial practice. This article starts with elements of audio-visual material, compared with two legal systems to audio-visual material, discussed many academic and practical problems in the different phases about audio-visual material. The whole article besides the foreword and the conclusion, altogether divides into six major parts.The first chapter illuminates some research on essential theories about audio-visual material. First the author introduces multi-definition of audio-visual material in our country, and set out his definition of audio-visual material. Next it compares the audio-visual material with other evidence, and highlights its special characteristic connotation. Again according to different standard, the audio-visual material is divided into disparate types. Finally in order to deepen cognition about audio-visual material, the author lists differences between audio-visual material and other evidence.The second chapter is about audio-visual material's research actuality. This chapter is divided into two elaborations. The first part introduces legislative and practical actuality about audio-visual material in our country's legislation. The second part introduces research actuality about audio-visual material in overseas, and the narration audio-visual material constructs in each legal system's legislation with the practice.The third chapter is about audio-visual material's validity verdict. First the author points out audio-visual material and audio-visual material evidence are two distinct notions. Audio-visual material is a kind of virtual exists, but audio-visual material evidence is a kind of legal exists. Next the article analyses how to judge validity of audio-visual material, and divides people's behavior into legal, illegal, and neutral. The organs of state must be practice legal, and the person can be practice legal he neutral.The fourth chapter is about audio-visual material's form, and this chapter is an important content in this article. First the author analyses the legal standard of audio-visual material, and considers that judge audio-visual material's validity should proceed in order. Next the article analyses audio-visual material that is formed in public, and this kind of audio-visual material can be used as evidence directly. Finally the article analyses audio-visual material that is formed in secret, and this part is divided into two portions.The fifth chapter is about audio-visual material's collection. First it points out the form of audio-visual material and the collections of audio-visual material are two different notions. Next it expounds mode and validity of audio-visual material's collection, and prescribes the behavior of national public servant in detail in the course of collect.The sixth chapter is about audio-visual's examination. As the last important phase of audio-visual material, the article sums up audio-visual material examination principle, and proposes remove principle in detail. Next the author introduces all sides of examination. Finally as a supplement, the author introduces some kinds of examination method about audio-visual material.