On Secret Recording Evidence Of The Ability

In recent years, with economic development and the law of audio-visual materials. as a form of the secret records of the evidence, and gradually become a focus of attention. the supreme people's court in 2001 in 1995 and worked out without the consent of the fixation of their conversation took the data cannot be used as evidence of approval of the civil litigation with the evidence of a number of regulations for the secret records of evidence to do the relevant provisions. But because of the secret records of the law is not perfect, the judicial interpretation in retardation, theory horizon and actual practice about the secret records of ability there is not the case, judicial actual practice the lack of a clear the theoretical direction of these are seriously affected the secret records in civil litigation to play its role.For these circumstances, the first introduced the secret records of definition, characteristics from comparative law, introducing the two major genealogy of law the secret records of the legislative and judicial practice in our country. then the secret records of the current law stipulates in 1995, issued by the fixation of their conversation with permission of the data cannot be used as evidence of approval issued in 2001, the civil action against the rules of evidence analysis. Clarified the matter and analysis of the judicial practice of the problem. finally, the secret records of value for the interests of different interests, through measuring and standardize the secret records of such evidence the use of the utmost to protect the interests of the parties.