Study On The Application Of Private Record Evidence In Civil Litigation

As the development of electronic technology in recent years,audio and video recording,video and other audio-visual materials as a new form of evidence is widely used in the proceedings.In real life,it is very common for the parties to collect and record privately in order to obtain evidence related to the case.On the one hand,the evidence of private records can help judges accurately understand the case,on the other hand,its forensics are often defective,and it is easy to infringe on others' rights and interests in the process of recording.The application of private documentary evidence has aroused controversy.The relevant laws in our country stipulate the applicable standards for such evidence,but the provisions are either too strict or too principled and general,which leads to the confusion of the courts at all levels and at different levels and the different judgments.In the face of a series of difficulties encountered in the application of private documentary evidence in the field of judicial practice,it is urgent to improve the relevant legislative provisions in our country,make clear the applicable standards of private record evidence,so as to achieve the justice of law and the norms of law.From the record of the meaning and performance of evidence in civil action,combined with the research for countries recorded evidence on private,a discussion on the application of the privately recorded evidence of evidence from the perspective of the effectiveness and legitimacy of evidence,on this basis,puts forward some on civil litigation evidence for privately recorded suggestions.In addition to the introduction and conclusion,this paper is divided into four parts:The first part is mainly to sort out the relevant theoretical knowledge of private record.Mainly introduces the concept and characteristics of the privately recorded evidence,the record of evidence refers to other organs of state power in a citizen or legal person without the consent of the other party or knowingly or video recording without permission to collect the audio-visual materials,it is the traditional sense of the documentary evidence of vivid image,a large amount of information,can record the process of the case,but also easy to counterfeit,infringement of the rights of others in the process of recording,in the judicial process to face the choice of value conflict.The second part introduces the current legal provisions of our private recorded evidence,mainly in 1995 "on the parties agreed to reply" secretly recording the data obtained can be used as final evidence of the use of the problem without each other,in 2002 the "certain provisions" on civil litigation evidence and 2015 "the Supreme People's Court on the application interpretation" "the people's Republic of China Civil Procedure Law",combined with the case analysis of three judicial interpretation in practice and the application problems and reasons.Mainly include: legislative level,the content of the law is not detailed,resulting in operability is not strong;procedural aspects,the lack of appropriate relief rights protection procedures.The third part is mainly introduced and studied in various countries or regions of common law and civil law in the record of the evidence,based on the analysis of the extraterritorial record of evidence applicable rules,and then put forward to our country privately recorded evidence for enlightenment.The fourth part puts forward corresponding suggestions on the existing problems in the practice of judging private evidence in china.First determine the applicable principles of our private recorded evidence,according to the situation of our country and the civil lawsuit system,applicable to the private book evidence should not be taken strictly excluded the principle,should set up a number of exceptions,to determine the suitable record of evidence and not the interests of the measure.Secondly,to further refine the legislation suggestions,including the establishment of the privately recorded evidence identification,objection and supervision procedure,also introduced the exercise of the discretion in the right to consider some principles etc.