In fact, in the "Several Provisions on Audio and Video Recording of Court Trial Activities", detailed provisions have been made on audio and video recording of court trial activities.
The Supreme People's Court issued a judicial interpretation on the application of the Civil Procedure Law of People's Republic of China (PRC). According to the judicial interpretation, if a litigant or other person records, videos or photographs without permission, the people's court may temporarily detain such equipment used to spread trial activities and order it to delete relevant contents; If it refuses to delete, the court may take necessary measures to forcibly delete it.
Provisions on audio and video recording of court trial activities
In order to strengthen the trial management, improve the trial records, protect the litigation rights of the parties, and promote judicial justice, according to the provisions of the relevant procedural law, combined with the actual work of the people's court, the following provisions are made on the audio and video recording of trial activities:
1. When the people's court tries criminal, civil and administrative cases by the ordinary procedure of first instance and the procedure of second instance, it shall simultaneously record or video the whole trial; In summary proceedings and other procedural cases, audio or video recordings of trial activities shall be made as necessary.
For trial activities that are not held in the trial court, such as the circuit trial, if the conditions for audio and video recording are not available, audio and video recording may not be carried out.
Two, the people's court shall install recording equipment in the trial court; If conditions permit, video equipment should be installed. The people's court may, according to actual needs, install audio or video recording equipment in some trial courts.
Three, the court hearing audio and video recording shall be recorded by the clerk or other staff from the beginning of the case, and inform the participants of the proceedings until the end of the court session. Audio and video recording shall not be interrupted except for adjournment and mediation activities that are not suitable for audio and video recording.
The clerk shall record the starting and ending time of the audio-visual recording of the trial and whether there is any interruption in the trial record.
Four, the parties and other participants in the proceedings have objections to the court record and apply for correction, the clerk shall play audio and video recordings for verification and correction. If no correction is made, the application shall be recorded.
Five, the people's court shall use special equipment to store the audio and video of the trial, and store it in the form of CD-ROM as the case material; If the parties, defenders, agents, etc. If conditions permit, it shall be stored in the main volume of the case file. Without the permission of the people's court, no one may copy, record or disseminate the audio and video recordings of the trial.
The preservation period of the audio and video recordings of the trial is the same as that of the case file.
Six, the people's court shall take overlapping synchronous recording time or other measures to ensure the authenticity and integrity of the trial audio and video. Those who destroy the audio and video recordings of court hearings or tamper with their contents shall be investigated for corresponding administrative or legal responsibilities.
Due to equipment, technology and other reasons, the contents of the audio-visual recording of the trial are incomplete or nonexistent, and the person in charge of the recording shall make a written explanation, which shall be attached after being examined and signed by the presiding judge or the presiding judge; The audio and video recordings of the trial with incomplete contents should still be saved and merged into a book.
Seven, in the trial, the participants in the proceedings or observers in violation of court discipline or relevant laws and regulations, disrupting the court order, hindering the smooth progress of litigation activities, the audio and video recordings of the trial can be used as evidence to investigate their legal responsibilities.
Eight, the parties and other participants in the proceedings that the trial activities are not standardized or illegal, the people's court shall investigate and verify the audio and video recordings of the trial.
Nine, the president of the people's court, the president or the discipline inspection and supervision department, according to the needs of the work to consult the audio and video of the trial. Access to audio and video recordings of court hearings held in private shall comply with relevant confidentiality provisions.
Ten, the higher people's courts may, in combination with local conditions, formulate detailed rules for the implementation of these provisions in the aspects of technology, management and application of court hearing audio and video recording.
Eleven, the people's court for other trial, execution, hearing, interview and other activities, the need for audio and video recording, with reference to these provisions.