Based on:
"Regulations of the Supreme People's Court on the Audio and Video Recording of Court Trials" (Adopted at the 1708th Meeting of the Judicial Committee of the Supreme People's Court on October 25, 2017, March 2017 Effective July 60) In order to protect the litigation rights of litigants, standardize court hearing conduct, improve court hearing efficiency, deepen judicial openness, and promote fairness, in accordance with the "Criminal Procedure Law of the People's Republic of China", "Civil Procedure Law of the People's Republic of China", " "Administrative Procedure Law of the People's Republic of China", these regulations are formulated in light of the actual trial work.
Article 1: When hearing a case, the People's Court shall audio and videotape the entire hearing.
Article 2 The People’s Court shall equip the court with fixed or mobile audio and video recording equipment. People's courts that have the conditions can install a synchronous text conversion system using intelligent speech recognition in the courtroom.
Article 3 The audio and video recording of a trial begins when the hearing is announced and ends when the trial ends. Except for the following circumstances, the audio and video recording of the court hearing shall not be artificially interrupted:
(1) Adjournment of the hearing.
(2) Evidence-raising and cross-examination activities in public trials;
(3) Mediation activities that are not suitable for recording. The person in charge of audio and video recording shall record the start and end time of the audio and video recording, whether there are any interruptions, etc. And attached is a volume.
Article 4 The People’s Court shall take measures such as overlapping and synchronizing recording times to ensure the authenticity and completeness of court hearing audio and video recordings. If the audio or video recording is untrue or incomplete due to equipment failure or technical reasons, the person in charge of the audio and video recording shall make a written explanation, which shall be attached after review and signature by the presiding judge or sole judge.
Article 5 The People’s Court shall use special equipment to store and back up court hearing audio and video online or offline. Audio and video recordings that do not meet technical standards due to equipment failure or other reasons should be kept together. The archiving of court hearing audio and video materials shall be carried out in accordance with the "Regulations on the Management of Electronic Litigation Archives of People's Courts".
Article 6 The court trial transcripts generated by the synchronous conversion by the people's court using the intelligent speech recognition system shall be used as court trial transcript management after being verified and signed by the judges, clerks and litigation participants.
Article 7 If a litigation participant has objections to the trial transcript and applies for correction, the clerk may play the audio and video of the trial for verification and correction; if no correction is made, the application shall be recorded.
Article 8 With the consent of the parties concerned, audio and video recordings of civil cases subject to simplified procedures may replace court trial transcripts.
Article 9 The people's court shall synchronously store court trial audio and video materials in the server to replace court trial transcripts or burn them into CDs, and have them signed by the parties and other litigation participants or use other methods to confirm their completeness. test value.
Article 10 The people's court shall provide convenience for the parties, their defense lawyers, litigation agents, etc. Access audio and video recordings of court trials in accordance with the law through trial process information disclosure platforms, litigation service platforms and other convenient litigation service platforms.
The People's Court shall take necessary security measures for the audio and video materials available for inspection.
Article 11: Parties, defense lawyers, litigation agents, etc. Trial recordings may be copied or transcribed in accordance with regulations.
Like, when necessary, the People's Court should be equipped with corresponding facilities.
Article 12 The People’s Court may play the audio and video recordings of court cases that are publicly heard in accordance with the law.
Article 13: If litigation participants or observers violate court discipline or relevant legal provisions, endanger court security or disrupt court order, the people's court may conduct investigation and verification through audio and video recording of the court hearing as a means of pursuing legal action. Evidence of responsibility.
Article 14 If the People's Procuratorate or litigation participants believe that trial activities are irregular or violate the law, the People's Court shall
promptly conduct an investigation and verification based on the audio and video recordings of the trial.
Article 15 Without the permission of the People's Court, no one may record or videotape trial activities, and no one may record, copy, delete or transfer court trial audio or video recordings.
If the perpetrator commits the acts mentioned in the preceding paragraph, he shall be held accountable accordingly in accordance with regulations.
Article 16 involves court hearing activities such as state secrets, commercial secrets, personal privacy, and court hearing audio and video recordings.
Storage, consultation, copying, copying, etc. Should comply with relevant regulations on confidentiality management.
Article 17 Technical support, technical standards and technical specifications related to the audio and video recording of court hearings shall be separately formulated by the Supreme People's Court.
Article 18 If the people's court engages in other trial activities or execution, hearings, visits and other activities that need to be recorded, these regulations shall be followed.
Article 19 These regulations will come into effect on March 1, 2065. If the judicial interpretations and normative documents previously issued by the Supreme People's Court are inconsistent with these regulations, these regulations shall prevail.