The Research On Legal Effects Of Secretly Recorded Audio-Visual Materials

With the speedy development of science and technology, as the wayto regulate social relations, the laws should be steady and predictable. It isa beneficial attempt to classify audio-visual materials as an independentcategory of evidence, which will be conducive to the perfection of theevidence system in our country and will also accelerate the modernizationprocess of the construction of socialist legal system.It is evident that the legislation of audio-visual materials in Chineselegal system provides the litigants with an access to the obtaining ofevidence by means of high tech equipment. However, there are still someinsufficiencies, especially about the secretly recorded audio-visualmaterials; the regulations are still not well-perfect, too general, lack ofsome necessary protection of rights and is always confined to therequirements for the parties’ responsibilities and duties, making theapplication of audio-visual materials restricted in judicial practice.After the introduction of the basic theory of audio-visual materials,this thesis aims to analyze the exclusionary rule of evidence abroad andalso the legislation of secretly recorded audio-visual materials in China.Based on it, the author proposes some suggestions on the legislation ofsecretly-recorded-audio-visual materials.The main body can be divided into three parts.Part1summarizes the related theoretical knowledge about the evidential effect of secretly-recorded-audio-visual materials; first,introduces some basic theories with regards to audio-visual materials aswell as the secretly-recorded ones; based on this, further explores theissues about the validity of audio-visual materials, the relationshipbetween evidential materials and evidence, competency of evidence andprobative force; finally, introduces the validity of audio-visual materialsand makes a contrast with the eliminating rules of civil illegalevidence abroad.Part2introduces the legal reasons why the evidence effect ofsecretly-recorded-audio-visual materials is difficult to identify, whichmainly includes the essential meaning, positive and negative significanceand also presents the different point of views among the theorists.Part3proposes some suggestions to perfect the legislation ofsecretly recorded audio-visual materials; firstly elaborates three principlesto abide by during the process of its legislation in China; then puts forththe suggestions on the maturity of legislative documents； finallyexpounds the admissibility rule of audio-visual materials that shouldobserve in China’s judicial practice.