Research On The Application Of Audio And Video Records In Court Trial Instead Of Trial Notes In General Procedure

The audio and video recording of court trial is a combination of modern science and technology and judicial trial,which provides a new means of work for civil justice.In2010,the Supreme People ’ s Court issued the “ 《Some provisions on audio and video recordings of court proceedings》,” which stipulated for the first time that the National People ’ s Court should conduct full audio and video recordings according to requirements and equipment conditions during the hearing.In 2017,“ 《Some provisions on audio and video recordings of court proceedings》 ” stipulated that the court hearing of the National People ’ s Court must be audio-video recording throughout the court hearing,and with the consent of the parties,the audio-video recording of the court hearing can be used to replace the court hearing record in the summary procedure.The purpose of this provision is to find a new way to solve the problem of non-standard written records,and to promote the diversion of the trial audio and video as the entry point,and alleviate the contradiction of ’more cases and fewer people ’ in grassroots people ’ s courts.From the practical level,the reform of summary procedure has significantly improved the efficiency of litigation.Up to now,the judicial interpretation has not stipulated that audio and video recordings of ordinary procedures can replace the transcripts of court proceedings,but the judicial practice reform of extending the scope of substitution to ordinary procedures has never stopped.In view of the inconsistency between the applicable legal provisions and practical practices of ordinary procedures,it is necessary to combine the reform experience of Zhejiang Province allowing the coexistence of multiple recording methods and Shanghai ’s key court transcript records,and use the methods of literature research,comparative research and empirical research to analyze the problems faced by ordinary procedures in replacing court transcripts with audio and video recordings--changes in the traditional collaborative mode between judges and clerks,equipment failures and sub-trials affecting the continuity of court trials,imperfect guarantee measures for the reproduction of court transcripts in audio and video forms,and unclear relationship between audio and video recordings and court transcripts.By combing the theory of efficiency value and fairness value of litigation procedure,the legal basis of the application of summary procedure and ordinary procedure,the theory of the cooperation mode between judges and clerks,the principle of centralized trial,and the theory of the right to dispose of the parties ’ procedure,this paper demonstrates the feasibility of the promotion of audio and video recordings of court hearings to replace the records of court hearings to ordinary procedures,and puts forward some suggestions for improving the above problems,including clarifying its legitimacy,allowing the coexistence of various forms of court hearing records,improving the provisions for the reproduction of audio and video recordings of court hearings,and improving the mechanism of post-supervision and restriction.This paper consists of four chapters.The first chapter summarizes the legislative background of the trial audio and video to replace the trial transcript from the summary procedure to the ordinary procedure,summarizes the characteristics of the practice and exploration of some pilot areas in the ordinary procedure,and draws the conclusion that the promotion of the trial audio and video to the ordinary procedure conforms to the needs of the times,and is conducive to alleviating the current judicial situation of " more cases and less people." The second chapter,combined with the reform cases and materials,analyzes the problems faced by the ordinary procedure audio and video recording instead of the trial transcript.The third chapter through the combing of the relevant theory,demonstrates the rationality of the trial audio and video to replace the trial transcripts to the general procedure.On the basis of the above analysis,comparison and collation,the fourth chapter puts forward the improvement path of replacing the audio and video recordings of court proceedings with the transcripts of court proceedings.