Theory Of The Private Audio-visual Material Evidence Legitimacy

With the rapid development of modern science and technology, the audio-visual material as evidence indispensable important role in civil trial, and for the private recorded audio-visual material evidence of legality has been widely by theoretical and practical circles. To this, countries have to respond. In some countries by modifying the original laws to adjust audio-visual material evidence to adopt rules, some countries to seek new specification adopted to adjust the corresponding specifications. According to the current situation of legislation in many countries around the world, on the recognition of audio-visual material view is a common practice for most countries. And the civil procedure law of our country will audio-visual material as a kind of independent type of evidence, compared to the practice of this kind of practice with the rest of the world is unique. With the continuous development of science and technology at the same time, in practice the application of sound recording, video data and production is becoming more and more popular, the emergence of private recorded audio-visual materials in the field of civil litigation is gradually popular, more and more of the parties to choose the audio-visual material as evidence to support their claims.Just now refer to the related to private recorded audio-visual materials stipulated in the relevant laws and judicial interpretation of the three highest method on how to review the legitimacy of private recorded audio-visual material evidence different levels of different standard, also presents the defects in the different degree and the inconsistency of judgment standard. However, with the rapid development of science and technology, the private recorded audio-visual material is finding wider and wider application in the field of civil litigation, the current legislation obviously unable to adapt to the judicial practice for private recorded audio-visual material evidence in the field of the plight of the legitimacy of judgment, so we need to perfect the related legislation clear private recorded audio-visual material of the legitimacy of evidence, and for the private record the rules of evidence ability of audiovisual reference material, so as to realize the justice of law and law norms.This article is from the our country civil action private recorded audio-visual materials in the field of different institutional defects and the predicament of censorship in the judicial practice as the breakthrough point, according to these problems, a target. In draw lessons from foreign countries and regions, on the basis of the experience of the civil litigation system in China private to perfect the system of the audio-visual material issues, and puts forward relevant practical advice. The author hope that through the above discussion and root system, made in the field of civil litigation evidence for private recorded audio-visual material to standardization, the legality of the judgment standard for the improvement of the system of civil litigation and legal progress contribution meager strength..