The Research On The System Of Sound And Visual Recordings Of Court Trial

The sound and visual recordings of court trial is a system in which the people's court records the sound and image of the whole process of case hearing in order to ensure the standardization and fairness of court trial.The sound and visual recordings can truly restore court trial activities,which is an important way to disclose,supervise and standardize court trial activities.It can not only assist the court clerk in recording,also can replace he/she when necessary.Nowadays,many countries and regions have stipulated the system of sound and visual recordings of court trial at the legislative level.However,as a late starter in the study on the system of sound and visual recordings of court trial,China has a weak foundation in the relevant theoretical researches.In Civil Procedure Law and Criminal Procedure Law,it is merely stipulated that all court trial activities shall be recorded and court transcripts be made by the court clerk.Therefore,there is no consensus in theory and practice as to whether the sound and visual recordings of court trial has the same function,probative effect and authority as court transcripts,or even whether it can be adopted as the legal recording method of court trial.To address the above problems,firstly,author of this paper expounds the concept and value of the sound and visual recordings of court trial through the theoretical study of the system,distinguishes the concept ofthe sound and visual recordings of court trial from trial transcripts and live broadcast of court trial,and discusses the validity of sound and visual recordings of court trial and trial transcripts,as well as the feasibility of replacing court transcripts.Secondly,the author introduces the legislation and judicial practice of sound and visual recordings of court trial in Britain,the United States,Germany and Taiwan,China,and sums up the advanced experience.Thirdly,he introduces the specific regulations issued by the court systems at all levels in our country for the implementation of sound and visual recordings of court trial,and the specific practices by some court systems in the Eastern,Central and Western regions,and analyzes and summarizes the defects existing in the current sound and visual recordings of court trial system in China.Last but not the least,it is suggested that,on the basis of establishing a national unified platform of sound and visual recordings of court trial,the legal status and probative effect of the sound and visual recordings of court trial should be clarified in the form of judicial interpretation,and the recording method,content and procedural requirements should be detailed,the protection of the rights of the parties shall be strengthened,the legal accountability mechanism shall be improved;at the same time,attention should be paid to properly solving the connection with other systems.With the above suggestions,we hope to promote the steady and orderly development of the system of sound and visual recordings of court trial in China.