Research On Standardization Of Civil Trial Record In China

A high-quality and standardized trial record is an indispensable written material for the court to make impartial judgment ,which is of great significance for the realization of the judicial objective of the case. To realize the standardization of the trial record is the basic requirement of protecting the litigant's right of action, and is the internal needs of the implementation of relative centralism, and is the inevitable requirement of realizing judicial justice, and is the important guarantee of legal supervision. However, both the academic and the practice have not given the necessary attention to the trial record. This paper based on the comprehensive,true, accurate,real-time, standardized format as the standard for the standardization of the trial record, analyzes the record of civil trial in our country, and found that in the judicial practice of our country, due to the lack of detailed guidance of legal norms ,the clerk system reform is not complete, the trial discourse is not easy to record, ignoring the coordination of the clerk and the judges and other reasons, there are some irregularities in the operation of the trial record, such as the omission of information, the distortion of information and the inaccurate information. Therefore, this paper attempts to overcome the existing civil trial transcripts of various non-standard problems by means of improving the contents of the trial record,enriching the way of the trial record, opening trial records, reforming the system of the clerk, and so on, in order to become a new growth point of judicial justice and judicial openness.This paper consists of four parts, a total of more than 30000 words.The first part analyzes the basic problems of the standardization of the trial record.Firstly, this part briefly discusses the concept and criterion of the standardization of the trial record in our country, then it expounds the necessity of the trial record standardization from the aspects of the basic requirements of protecting the litigant's right of action, the internal needs of the implementation of relative centralism, the inevitable requirement of realizing judicial justice, the important guarantee of legal supervision.The second part is to investigate the status quo of the standardization of civil trial record in China. At present, China's legislation and judicial interpretation have not specified any details for what content should be included, the standards, requirements and procedures, the method of correction, and so on. In 2016, the Supreme People's Court issued normative documents, and proposed that trial audio and video recording can replace the trial record,which is a great progress in the information construction of the people's Court of china. But in practice, due to the lack of detailed legal norms to guide the clerk to make the trial record, so that the trial record in the practice of running into the plight of anomie. Therefore, the people's courts at all levels have actively taken a number of measures to regulate the trial record, the overall level of trial record have been raised.The third part analyzes the performance and reasons of the failure of the civil trial record.The author retrieved 64 copies of the civil trial records from Henan, Qinghai and Hainan, and research on the practice pattern of the trial record, by comparison and analysis, summed up the performance of the failure of the civil trial record mainly is the omission of information,the distortion of information ,the inaccurate information, made not immediately, the format is not standardized. In order to solve the above-mentioned problems, this paper analyzes the causes of non-standard from many aspects, and draws the reasons for the lack of normality is the lack of detailed guidance of legal norms , the clerk system reform is not complete, the trial discourse is not easy to record, ignoring the coordination of the clerk and the judges and so on.The fourth part puts forward some suggestions to improve the standardization of civil trial record in our country. The function of the civil trial record in the trial of our country can't be underestimated, it is very necessary to put forward the perfect suggestion of the standardization of the civil trial record. The author puts forward some concrete suggestions on how to improve the contents of the trial record, enrich the way of the trial record, reform the system of the clerk, open the civil trial record, and improve the pretrial preparation.