Evidence Of Effectiveness Of The Civil Private Recorded Audio-visual Materials

With the cassette radio, camcorder and tape-recorded phone being popularized, the privately-recorded audio-visual evidence, which has both advantages of documentary evidence and material evidence, has become a new kind of evidence in the course of reformation of civil trial pattern in China, for its high ability on testifying. But the method to get this form of evidence is easily tended to offend the rights and interests of other people so as to there are a lot of disputes on the problem of its legitimacy. Though the civil procedural law of China and the related judicial explanations have set the standard of the legitimacy of this kind of evidence, there are still some unsatisfactory points. Moreover, because these standards are somewhat on sense of principle, they are difficult to put into practice. Therefore, it is necessary that the standards be reestablished. This thesis tries to do some study on the validity of the privately-recorded audio-visual evidence from the legitimacy of evidence angle. The text is composed of four parts as follows: The first part is a brief introduction of privately-recorded audio-visual evidence, including its concept, its characteristics, its legal attribute and classifications, its connotation, and some basic knowledge. In the meanwhile, this part also introduces some foreign legislation and judicial practice in this field to do preparations for the following analysis and demonstration.. The second part talks about the present legislation on the legitimacy of the privately-recorded audio-visual evidence. First of all, the standard of legitimacy of this kind of evidence mainly regulated in the reply in 1995 of the Supreme Court of China and the regulation of the evidence in 2002. Then on the basis of the comment, the thesis goes deeper on the defects. The third part is the view on the reconstruction of the standard of legitimacy of privately-recorded audio-visual evidence. The arguments stem from three aspects. We should have a reasonable understanding of the innovation of the legitimacy of the this kind of evidence and the application of the rules of the civil illegal evidence eliminated try to consummate the judicial explanations on this problem. The last part is the summary of the author's view on the reconstruction of the standard of the legitimacy of the privately-recorded audio-visual evidence in civil procedural law. First, the innovation of the legitimacy can be changed to lawworthiness. Second, the Reply of the Supreme Court in 1995 and the Regulation on Evidence should be modified further. Finally, the elimination of the illegal privately-recorded audio-visual evidence cannot accord to the rules of the elimination on illegal evidence absolutely, and the judge should be given more rights of judging freely on some special cases.