Research On The Rule Of Admissibility About Secret Recording Audio-visual Material

Since the 1970s, with the development of science and technology and with the improvement of people's life, audio material, visual material, computer-produced material and other high-tech- produced material appear in social life and have become new materials which can demonstrate facts in cases and their relative aspects. As a result, these new materials have deeply affected the traditional civil procedure. All the countries try to adapt to these new changes, some amend their Civil Procedure Law and Evidence Law, and regulate these new materials using the old evidence rules; others enact new laws and do so using the new rules. In China's Civil Procedure Law, the,se new materials have been regulated as a new and independent type of proof, namely audio-visual materials. But since the regulation, controversy about whether the name of audio-visual materials is suitable and the specific range of audio-visual materials continues. At the same time, because the audio-visual materials appear late and the theory on this topic is immature, people have different opinions about such issues as the nature of audio-visual materials, the relation between audio-visual materials and other kinds of proof, and the basic requirements of audio-visual materials as a kind of proof. Especially in recent years, as people pay more and more attention to the protection of the privacy, whether the secret recording is legal has become a hot topic. Because the regulations on audio-visual materials in China's laws and judicial interpretations are not sufficient, there are so many problems about the understanding of these regulations in practice that different courts have different attitudes to audio-visual materials. In addition, at present the theory research on audio-visual materials is not extensively conducted in our country, so there is no mature theory that can guide the judicial practice. The deficiency in law and the insufficient in theory research hold back the proper functioning of audio-visual materials as a separate kind of proof. The judicial practice urgently needs the guide of mature theory. Therefore, it's a urgent task to analyze the basic problems about the theory on audio-visual materials and construct the theory system of audio-visual materials in our country.To meet the above goals, this paper begins with the concept of audio-visual materials in China Civil Procedure Law, and then, based on the legislation and judicial practice, deeply analyzes the name, the range and the classification of audio-visual materials. This paper concludes, in this part, that the concept of audio-visual materials should be made clearer and the range of audio-visual materials should be enumerated. Then, make clear the basic meanings of secret recording audio-visual materials, and classify them in detail. Using the study means of comparing, this paper compares the differences about the regulations of secret recording audio-visual materials in foreign countries and our country's Civil procedure Law and judicial interpretations, rebuild the standard of the validity of secret recording audio-visual materials.In a word, the goal of this paper is to conditionally affirm the proof power of a part of secret recording audio-visual materials through the discussion in this paper, thus hope to bring some guidance to the judicial practice, and improve the confusion situation in practice. In this paper, the related topics in criminal law and administrative litigation will be referred sometimes, but the content and visual angle of this paper are civil procedure oriented.