On Record Research In The Civil Court Trial

The record in the civil court tiral is indispensable wirtten mateiral of the trial court case.To ensure the high quality of the tiral record is the inevitable request of new peirod, enhancingjudicial ability, standardizing judicial practices and promoting justice. Now, in the judicialpractice, the impotrance of the tiral record is paid not impotant attention. Many courts will itas procedure by law providing. Recording tiral record is only in compliance with laws andregulations. In the process of coutr tiral,clerk rough records the content of the statement ofboth parties. Atfer the court tiral，judges almost care about the courtroom record. Litigationprocedure ends, clerk is in charge of putting records into the case ifle，about the trial recordwhatever matters have completed. The simple act of court record is common way at court inchina. This violates obviously legislative purposes. Therefore，the wirter thinks it needs to paymore attention to the courtroom records and understand strengthenly related theoryknowledge of about tiral record and study thoroughly on its practical value and put to usejudicial practice. Ultimately, it will serve for our social stability.This paper is divided into four parts, for a total of three thousand words.The ifrst part of this paper studies the basic theory of the trial record. This section ifrstanalyses the court record History and come to that the court record in China*s judicial practicehas existed for a long time, and its important judicial value. Then，to further explain the legaldeifnition of court record，and its important functions. Certainly on that basis, emphasizingthe basic requirements of producting tiral record, and tiral content. This statescomprehensively the basic theoretical knowledge of the court record.The second part analyzes the current situation of China!s court record. In China，the civilcourt record has long existed，the format and content of the tiral record has took shape theinitial system, but there are still no unified format in the court record. Tiral record link-confusion and legal provisions are not clear is prominent problem which tiral record faces. Injudicial practice，because lack of detailed legal requirements result in uniform requirements ofthe court record. For the court clerk shortaging，low professional quality and the clerk and thejudge, the parties to separate due to that the tiral record does give play to important value inthe process of the refereeing case.The third section presents the basic principles of developing trial record and analyzes thelegal relationship of the court record. The legal provisions about tiral record are few and the court record is impotant litigation document. It is indispensable wirtten mateiral to the tiralcourt cases. Therefore，under the of the basic pirnciples of Civil Procedure Law, the author tryto put forward the basic pirnciples which developing court record should comply with,including the legal pirnciple，the pirnciple of openness and efficiency pirnciples. Thesepirnciples guide indirectly the production of the court record, becoming guiding ideology.Then, to further analyze the legal relationship of the court record and clarify the subject，content and object of the legal relationship. This laid the theoretical foundation for improvingthe court record.The fourth section presents the preliminary ideas to improve our court record. Thefunction of court record in our tiral can not be underestimated and ignored. In practice，thecourt record is facing a severe test. It is extremely necessary to make recommendations toimprove the courtrecord. Therefore, there are specific measures to improve the court record,including concrete and abstract measures, such as regulating aspects of the tiral and reducingthe defect phenomenon, to strengthen the record specification, to strengthen trial recordspeciifcation in absentia and to avoid self-examination recording phenomena, in order toeffectively change the current situation of China’s court record. Second，needing to establishsupporting measures assists the effective operation of these measures.