Study On The System Of Audio And Video Recording In Civil Court

Along with the maturity of modern electronic technology,the use of audio and video is becoming increasingly prevalent.The Supreme People's Court are vigorously promoting the audio and video recording through modern scientific and technological methods in order to solve some issues,such as litigation participants objection to trial transcript,the court and litigation participants lack of sufficient evidence to judge the trial of a judge in violation of legal proceedings,and the court lack of sufficient evidence to the litigation participants behaviors of disturbing court order etc.Meanwhile,based on the complicacy of the cases,the experiment and reform of replacing trial transcript with audio and video recording will be gradually promoted.However,due to the fact of the formalized process of the trial in China has not been fundamentally changed,the practice departments have not paid sufficient attention to the trial transcript and audio and video recording which makes them fail to fulfill its function.Moreover,few scholars have conducted in-depth systematic analysis from the perspective of the law of evidence.Based on the different understanding on judicial open and the different privacy protection degree of participants in court,the openness of China's civil audio and video recording cannot compare to abroad.The related laws don't have any clauses about the delivery and the use of audio and video recording disks either.This article is to present the audio and video recording abroad to point out the deficiencies of China's existing system,at the same time,put forward some feasible advice based on the present situation of judicial reform in China.The article is divided into five parts:The first part: An overview of the purpose and relative concepts of the audio and video recording in civil court.This part is to do a study on the purpose of audio and video recording by analyzing the clause of the law.From concept comparison,to clear the specialty of the audio and video recording,although it has similarities with trial transcript,criminal interrogation simultaneous audio and video and trial live broadcast.The second part: Theoretical analysis on the system of audio and video recording in civil court.This part mainly discusses the status of its independent evidence and the types of evidence and analyzes the position of the previous trial court,as a provider,in after-trial process.Then,put forward my own views on the functions and deny the idea of replacing trialtranscript with trial audio and video.The third part: The study of audio and video recording abroad in civil court.This part introduces the controversy on preservation and utilization of the audio and video recording system abroad in court to analyze the reason of designing in different counties from the perspective of judicial publicity and the right of privacy.The fourth part: The legislation and practice of civil audio and video recording system in China.This part is to sort out the legislation of audio and video recording in civil court.Sum up the experience and deficiencies in reform from comparing the practice status and characteristics in different places.The fifth part: The shortcomings and perfection of the system of audio and video recording in China.This part analyzes the problems and shortcomings in recording,storage and management,and use of it.The author learned some experience from Taiwan and other countries and proposed some suggestions on the system and related measures in hope of elevating the use value of audio and video recording in civil court in China.The innovation of this article is to do a deep study on the evidence attribute of audio and video recording from the angle of the evidence law,and to locate the trial court's role in trial process from the aspect of evidence synergism.