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Audiovisual Legal Issues

Author: HuangYing
Tutor: BianJianLin
School: China University of Political Science
Course: Legal
Keywords: Audio-visual materials Legal Issues Types of evidence Modern technical means Evidence of effectiveness And differences between Audiovisual information Modern technical equipment Exclusionary Rule Computer evidence
CLC: D915.13
Type: Master's thesis
Year: 2003
Downloads: 341
Quote: 3
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Abstract


Audio-visual materials in the application of litigation activities , marking the world has entered an era of sophisticated technical evidence . But as China's new regulations litigation legislation a lawsuit types of evidence , regardless of its basic theoretical research , or its use in judicial practice , are still significant gaps and weaknesses . In this paper, from the perspective of the Evidence define definition audio-visual materials , characteristics and classification of audiovisual materials produced collection of evidence and review the use of force , on all aspects of audio-visual materials on the whole question of law to construct a more complete theoretical system. Text is divided into five chapters. The first chapter is the definition and characteristics of audio-visual materials . First introduced the theory of visual information about the two boundary dispute : First, the law of evidence about this title disputes ; First, the definitions of such evidence about the controversy . By analyzing the results : its title is still \evidence of the real situation . \Finally, by examining the foreign audio-visual materials such evidence on the legislative situation , describes the process of China's relevant legislation in order to identify types of audiovisual material legal status of independent evidence , points out the lack of legislation in this area . The second chapter is the classification of audio-visual materials . First introduced the basic classification of audio-visual material : According to audio-visual materials to generate and output display different methods can be classified into audio data , video data , computer data storage devices and other information provided by modern technology . This is the most basic audio-visual materials and most important classification method is actually a range of audio-visual material defined. Which store data in a computer , and analyzed with computer evidence and electronic data (EDI) and differences between the evidence , with some looking. Then lists some other important visual information classification . One of the most significant is the physical reality of audio-visual materials , and audio-visual materials such classification procedures , both in the production value is defined collection, the probative value of the use of different aspects of the review . Through these categories , the difference between the different characteristics of audio-visual materials in evidence , making use of the collection and review of the differences , promote awareness for audio-visual materials . The third chapter is the production and collection of audio-visual materials . First production from the overall collection of audio-visual materials elaborated the principles , and then to clarify the theoretical circles vague understanding of the production and collection of audio-visual materials separately , a clear link between the two and the difference, respectively, discussed the subject and the production and collection procedures requirements. Finally, academic lt; WP = 5 gt; controversial listener This particular method of making audio-visual materials presented legislative proposals , it is also the whole thesis of a focus. On the monitor in the study abroad on the basis of the relevant legislative provisions , combined with our judicial status quo of China's construction of a legislative framework for the listener . The fourth chapter is evidence of effectiveness of audio-visual materials . First, in the last chapter of the production and collection of audio-visual materials , based on the production of audio-visual material clarifies the legality of collecting and relationships . Then Audiovisual data exclude admissible and illegal eavesdropping exclusionary rule these two special issues of special study . For the former, objective evaluation of the relevant legal requirements positive and negative aspects , advocated a \advocate the adoption of both the use and limitations of the model to be appropriate . Gives judges some discretion deal with specific issues , do not EXCLUDED. This part is another focus of this article , the author discusses the basis of a comprehensive , gives her own insights. The fifth chapter is a review of the use of audio-visual materials . First, audio-visual materials listed litigation practice in the three widely used , so that the role of audio-visual materials we have a comprehensive understanding of the specific . Then focus on two aspects of the content and methods of audio-visual materials presented for review. Audio-visual materials on a review of the evidence should be combined with the objectivity , relevance and legitimacy , the integrated use of a variety of audio-visual technologies. Review should pay attention to methods , the paper describes several common methods and emphasizes the integrated use to Quweicunzhen make audio-visual materials to play its due role in the unique proof

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CLC: > Political, legal > Legal > UNIVERSITY > Procedural Law > Litigation system > Evidence system
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