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Research on Exclusionary Rules of Private Record of Audio-visual Materials

Author: Zhang
Tutor: LiaoZhongHong
School: Southwest University of Political Science
Course: Legal
Keywords: Civil action Secret recording audio-visual material The illegal evidence Exclusionary rule
CLC: D925.1
Type: Master's thesis
Year: 2010
Downloads: 161
Quote: 0
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Abstract


Audiovisual reference material created without permission, as a kind of expression of audiovisual material, is becoming hot topic in nowadays . With the increasing rate of cases involving stealthily record and sneak shot, exclusive rules for illegal audiovisual reference material created without permission has become the focus of academic world. As there is no special law or regulation for such cases, besides, the existing rules only of principle, not of specific matching provisions, so it’s hard to handle in practice, and it results in varied court decisions among local courts, understanding and solvement towards illegal audiovisual is also hard to be consistent. At the same time, our Civil Action hasn’t done enough theoretical research on illegal audiovisual reference material, so there exists much controversy about this issue.Insufficience theoretical research fails to support the legislation against illegal stealthily record, and it also makes hard to take action in civil procedure against audiovisual reference material created without permission. So it’s urgent for China to work out how to deal with audiovisual reference material created without permission through civil procedure, draw up standards to judge audiovisual reference material created without permission and build up exclusive rules for illegal audiovisual reference material created without permission, and facilitate unification of judicial decision. This paper talks over how to build up exclusive rules for illegal audiovisual reference material created without permissionThe body of this paper consists of three parts, each part including contents as follow:Part1,A study on problems concerning audiovisual reference material created without permission. First it’s mainly introduced the concept, characteristics, classification, the application and the significance of illegal audiovisual reference material in civil litigation. Secondly the basic theory of audiovisual reference material which including the concept of the basic theoretical issues of illegal audiovisual reference material, the classification and the definition. Finally it’s about the exclusionary rules of illegal audiovisual reference material, it’s mainly about the analysis of the legal basis for eliminating rules of civil, the analysis of two of the illegal evidence elimination rules, and introduces the formation and evolution of private record of the illegal audiovisual evidence’s elimination rule.In the second part, it’s about the practice and legislation of private recorded audiovisual materials eliminating rules in our country. Firstly, introduces the current regulations of our private recorded audiovisual material with eliminating rules, mainly aim at the reply of Provision of Evidence in the 68th and 95th. Including the legislative situation and the background of existing laws and regulations, They hold different views about it. Next analyze the current record of the illegal evidence elimination rule, analyzes its positive and negative effects and the existing shortage.The third part is about the suggestions for how to perfect private recorded audiovisual material eliminate rules. Firstly build the basic principles which our private recorded audiovisual material eliminate rules should follow, including the principles of the country, the principle of efficiency and the principle of balance. Secondly, propose to build the premise and guarantee of the private recorded audiovisual materials in eliminating rules. Finally, it’s the author’s concretive measures.

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CLC: > Political, legal > Legal > Chinese law > Procedural Law > Civil Procedure Law
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