Study on Audio-Visual Materials
|School||Zhejiang Technology and Business University|
|Keywords||Audio-visual materials Legal status Admissibility Authenticity Verification|
Audio-visual material is a new kind of evidence. Its status has been affirmed bythe other two procedure laws after the 1982 Civil Procedure Law proclaimed its legalstatus in writing audio-visual materials. Even though, the criterions about theaudio-visual materials are too easy too exert in judicial practice, which is lack ofenough attention. The study of audio-visual material is not only the need of practice,but also the development of evidence theory.The procedure laws haven’t bound the intension and extension of audio-visualmaterials clearly, which made its concept indistinct. The application of audio-visualmaterials has been established by usage, so follow it and discuss its intension andextension have more practical meanings. Be a narrow sense, the audio-visualmaterials is the evidence which can disclose the fact by sound from tape or kinescope, language, visualize or behavior. It has high dependence for technology,direct observation and continuity, reliability, easy to be counterfeited.The audio-visual material is different from documentary evidence, realevidence, oral evidence and expert conclusion. And it is just the experts explain thatcomputer evidence is audio-visual material. In fact, computer evidence is notnaturally belongs to audio-visual materials. The opinion of non-independent ignoredthe difference between audio-visual materials and the other evidences, and alsoignored the different system of proof between our country and common law systemcountries. In the strict evidence system of China, giving audio-visual materials anindependent station can not only settle the problem of adopting qualification but alsoadvance the litigation efficiency.The admissibility of evidence is the core of evidence law in common lawsystem countries, which settle the problems if the evidence can be brought forth andadopted, made up by a series of negative rules. The facts which affected admissibilityare the best evidence rule, the hearsay rule and the exclusionary rules of illegallyobtained evidence. China need establish and perfect the recent rules about theadmissibility of audio-visual materials by referencing the outer experiences.The authenticity means the evidence to make verdict must be real and reliable,which is the examine content of authenticity of evidence. The base and premise ofthe weight of audio-visual materials are reliability and integrity, lack of which is lackof authenticity. The examination to the authenticity of audio-visual material is to judge its reliability and integrity, which carry through by testing, identifying andantitheses.