Research On Admissibility Of Privately Recorded Evidence In Civil Litigation

Recording evidence in private is a reflection of modern scientific and technological achievements in litigation.This article focuses on the private evidence of recordings made after the dispute occurred,during the process of communication and negotiation between the parties involved in dispute resolution.This type of evidence has two characteristics: one is the statement made by a party recorded during the private negotiation of the dispute after the dispute occurred;the other is the content of the party’s statement recorded in the evidence,which involves one party’s Recognize or compromise.As far as judicial practice is concerned,courts at all levels,including the Supreme People’s Court,have an inclusive attitude towards the admissibility of such evidence,that is,they have been adopted in principle.This article argues that the court’s attitude towards such privately recorded evidence,although it can still be informed from the perspective of legitimacy,is worthy of reflection from the perspective of legitimacy.In addition,from the perspective of the value of evidence,the admissibility of privately recorded evidence also encounters certain difficulties,and if such problems are not taken seriously,it will not only be detrimental to judicial practice,it will even shake the existing basis of social interaction.This article systematically sorts out the problems of privately recorded evidence in civil litigation.It is hoped that practice and theory will pay attention to th、is issue and hope to provide some standardized guidance or inspiration for judicial practice.In addition to the summary and conclusion,the body of this article includes an introduction and four chapters,which are briefly described below:The introduction mainly introduces questions by introducing cases,and then introduces the research background of this article,and a brief explanation of the research opinions on privately recorded evidence at home and abroad,especially the relevant discussions of Chinese scholars and the legal regulations and requirements of some civil law countries and regions.The first chapter is the change of judicial policy of recording evidence in private.This chapter sorts out the previous statements of the Supreme Court from the perspective of judicial policy changes,and points out the swings and entanglements of judicial ideas hidden under the institutional changes.The second chapter is the value conflict of admissibility of privately recorded evidence.This chapter analyzes the value basis of the admissibility of privately recorded evidence in civil litigation,and discusses the value conflicts of its admissibility in depth.The third chapter is the research on the admissibility of privately recorded evidence.This chapter follows the discussion of the positive value of privately recorded evidence in Chapter Two,and points out some problems it may bring to the conduct of civil proceedings.The fourth chapter is to explore how to grasp the admissibility of privately recorded evidence.This chapter takes “the compromise in mediation or reconciliation as the unfavorable evidence in the litigation” as the starting point,compares it with the privately recorded evidence from the perspective of theoretical basis and value orientation,and finally proposes to “in principle,negate the admissibility,"The admissibility of admissibility in exceptional circumstances" is a precondition for judging the admissibility of privately recorded evidence,and it is supplemented by the disclosure of the judge’s testimony as the norm and guarantee for admissibility.