On The Legalization Of Civil Trial Record

The civil trail record is the written record about every activity during the civil trail procedure,it not only concludes the activities of the judge,witness,parties and their agents,but also the words in the court,like the statements of the parties,appraiers,witnesses and so on.Because the modern civil procedure implements the principle of diret and verbal trial,the parties express litigation request,avoiding request and the burden of proof,questioning the witness almost appear by word of mouth.Meanwhile,the words' characteristics of fleeting and importance need the civil trial record to be objective,accurate and complete in a high level.In practice,except accessing to court,there are many alternative ways to solve the civil disputes like reconciliation,arbitration,non-litigation mediation and so on.However,there is.no denying that the most parties will prefer to access to court for the affirm and protection of coercive force of the state.Although providing important imformation for judgements,the civil trial record is normally considered as the basis of the easy recording text,its nature and effect haven't been confirmed in law and it doesn't get due importance in legal theory or juridical practice.A series of problems about the civil disputes can be arised.In the environment of nonstatutory system of trial transcript,the trial record cannont improve if the procedure and action at law of court proceedings happen or not.Disputes cannot be solved well because of this,and it is easy to arise the doubt of justice of judgement.The effective way to solve problems of this kind is to establish the statutory system of trial transcript.The trial transcript has to be treated as notarized document and given statutory force of improving the procedure and action at law of court proceedings happen or not.In addition,the relevant systems and details have to be considered.Around this point,there are five parts to discuss it:The first part describes the basic concept of the civil trail record and its non-legalization.The civil trail record is objectively and synchronously recorded by the court clerk to show the whole procedure of the trail according to what is happening.Extraterritorial countries and regions have a similar concept called oral argument record which puts more emphasis on oral argument,there is still the evidence investigation existing.By contrast of the civil procedure law of Germany and China,it can be seen that we country's law is rough and the theory and practice are not unified.The second part analyses the value of the civil trial record which is the foundation of the legalization.The civil trial record can make up for the defects of oral argument,and it also can prove the trial activities' legality.Moreover,the record can also supervise the trial activities,guarantee the principle of good faith and maintain authority of judicial credibility.The third part focuses on establishing the theoretical basis of the statutory system of the trial transcript,that means if the civil trial record owns the qualification to be evidence and what kind it can belong to.Firstly,the trial record can be recognized as evidence according to relevant theories.On this basis,the record has the characteristics of being public document and documentary evidence.The forth part is the analysis about what legal effect should be given to legalized civil trail record.The record's formal probative force has been confirmed firstly.The second is essential probative force.The record should become the only evidence that if procedural activities and action at law of trial happen or not.And the subjective contents in the record can be treated as primary evidence.The fifth part discusses the working of the legalized civil trail record which is the premise.Firstly it investigates the video and audio recording system.Then statutory system of the trial transcript needs to authorize court clerk the identity of state official and to recording the procedural activities independently.The formula of the record making and correction should be regulated by law.Letting the parties and interested parties use the record and the record's opening also have to be regulated.