Research On The Evidence Effect Of The Private Recorded Audio-Visual Materials In The Civil Litigation

As an independent type of evidence, audio-visual material has been confirmed in the three major procedural law in China. In recent years, with the development of modern science and the gradual enhancement of people’s consciousness of evidence, the parties in civil litigation are more and more cases of the personal record of audio-visual materials, which are more and more cases.The Supreme People’s court in 1995 made the a secretly recorded the conversation of the data can not be used as evidence of approval "(hereinafter referred to as the" reply ") without consent of the of the other party, the reply clearly pointed out that" evidence must be legitimate, the only evidence obtained through legal channels to as the basis for deciding. Without the consent of the other party to record their conversation, the Department of illegal behavior, in order to obtain the record of such procedures, can not be used as evidence. ". In 2002 the implementation of the " civil litigation evidence "(hereinafter referred to as the " evidence ")) in the sixty-eighth provisions of the violation of the legitimate rights and interests of others or the legal prohibition of the provisions of the law to obtain evidence, can not be used as a basis for the identification of cases." The regulations changed before the approval of the practice. But the provisions are too abstract, not easy to operate. The latest issue of the Supreme People’s Court on the application of the Supreme People’s Court of the Supreme People’s Court on the application of "the people’s Republic of China on the application of the law of the people’s Republic of China," the 106 th article "the evidence of the formation or the serious violation of legal rights and interests of others, or serious violation of public order and good customs, shall not be the basis of the facts of the case." The provisions are more complete than before, but the actual operation is concerned, is still not enough refinement. How to improve the legal laws and regulations, improve the supporting system and other effective measures in the legitimate and reasonable range to play a greater role in the civil proceedings of the evidence, and thus better protect the legitimate rights and interests of the parties, it is worthy of our in-depth study.This article from the perspective of case analysis, combined with the real case study of the civil procedure to record the validity of audio-visual material evidence. This article is divided into four parts. The first part of the introduction of the case, the second part of the specific analysis of the case, including the four point: the civil procedure of audio-visual information as evidence is adopted, the exclusion rules of civil procedure, the judge has no clear standards and legal provisions of the civil procedure. The third part is the focus of the case, the analysis of the legal status of the civil procedure, the rules for the exclusion of the rules of audio-visual material, the existence of the exception, the relevant judges discretion, the party’s evidence collection system of legislation and protection measures. The last part is about the specific solutions to improve our country on the exclusion of the rules of the legal system, to change a single rule of exclusion, the existence of a clear exception, the right to judge the discretion to limit, improve the party’s evidence collection system.