On The Basic Standardization Of Trial Transcript

A trial transcript is the overall record of activities in the civil proceedings carried out byevery subject present in trial. Its integrity, correctness and compliance with standards are ofsignificance with regards to the proceedings and the court, as well as all parties involved.However, relevant concerns or inquiries have been scarcely aroused within the academics,while the judicature is in urgent need for standardization of trial transcripts, guided by atheory that geminates from both theoretical and empirical grounds. For this reason the articlehas put forward constructive positions and conclusions on the basis of judicial experience andfurther academic exploration.This article comes in four parts apart from Introduction, estimated at23000words total.Part I: Necessity of Trial Transcript Standardization. Procedural activities are conductedmostly within the court, and a trial transcript is the very material that records the whole trial.So it is pivotal that a trial transcript integrally, precisely and justly reflexes the trial processand procedural activities of the judge and parties, in other words, to standardize the transcript.This part elaborates on the necessity of trial transcript standardization in terms of aspectsincluding requirement of judicial justness, inherent demand of a relatively concentrated trial,intrinsic need to protect procedural rights, reference for estoppel, improvement of civilprocedural law applicability, etc.Part II: Auxiliary Procedural Effects of the Trial Transcript. The necessity of trialtranscript standardization reveals its theoretical basis, which indicates the auxiliary proceduraleffects a transcript may incur: the probative effect as it is, when acting as evidence forconfession, underpinnings for judgment, or reference in a trial of second instance or a retrial.Part III: Exploration towards Standardization of the Trial Transcript. The author carriedout an investigation into50transcript samples collected from Chongqing, Guangdong, Hunan,Jiangxi and Liaoning province. After comparison and analysis, this part summarizes commonstructures of transcripts, sums up problems therein, sees into the reasons, and at last raisesadvices to standardize trial transcripts.Part IV: Notes for a trial transcript. This part includes details such as measures in case ofdenial of signature, relationship between the power of attorneyship and content of thetranscript, transcript amendments and synchronized display of transcripts.