A Study On The Probative Force Of Audio-visual Material In Civil Procedure Evidence

Audio-visual material as evidence of a new type of technology is widely applied to areas of litigation, the litigation that activities play an irreplaceable role. Although the Civil Procedure Law of China established the type of audio-visual status of independent evidence, but the audio-visual requirements is still not perfect, in theory, lack systematic and comprehensive study. In view of this, the paper of audio-visual data of Civil probative value of basic theories starts with a Comparative Study of continental law system and Anglo-American law system. This article tries to analysis of audio-visual material evidence found of Civil Legislation and practical operation of the deficiency, bold by improving the capacity of Civil Rules of audio-visual material to expand the fruits for our evidence system study, provide some theoretical support for our civil procedure legislation and instruct our practice in court.Addition to the introduction and conclusion, is divided into four chapters, the specific structure is as follows:Forward: To introduce the audio-visual material of significance and characteristics.Chapter1: It offers the survey of audio-visual material. Integrated use of qualitative analysis and practical analysis to explain the connotation of audio-visual material, and how to locate, and audio-visual material to prove the legal basis to conduct force-depth analysis, laying the groundwork for the subsequent discussion.Chapter2: Comparison judgment about the probative value of audio-visual material. This chapter first presented two legal audio-visual material of proposing, and audio-visual material that rules of evidence that the constraints force free proof of investigation.Then, it concluds that two legal systems ability to judge the characteristics of such legislation with the theoretical thinking of the Enlightenment of Civil Procedure.Chapter3: Audio-visual material of Civil probative value of the Current Situation. I first analysis the probative value of the Civil audio-visual material and practice the rules of the legislative defect defects, then reflect on these flaws and shortcomings, pointing out that the causes and effects of legislation lagging behind practical operation of the factors, provide the basis for the fourth chapter recommendations.Chapter 4: Civil audio-visual material that improve the ability of the proposed rules in our country. Extraterritorial legislation proposed by drawing on advanced audio-visual data collection reconstruction procedures. Devoted to analyzing how to improve audio-visual material that power our review finds that the system finds the probative value of the audio-visual material used to measure the interests of the presumption law, to set specific cross-examination and certification aspects. This can improve other related audio-visual information system to protect the probative value of the scientific finds, including the exposition of judgement and evidence investigation.Conclusion: Further indicating the purpose of this article at last. Based on it, the developing tendencies of the audio-visual material in the future are predicted. According to process of the civil procedure, this article uses including qualitative analysis, comparative analysis, modal analysis, and literature search methods.