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Date:2017-4-12  

The supreme people's court of the people's court trial recording several provisions on January 25, 2017, in 1708th meeting by the judicial committee by the supreme people's court, is now promulgated, effective as of March 1, 2017.

                                                                                                                The supreme people's court

                                                                                                                     On February 22, 2017

5 [2017] of the law

The supreme people's court of the people's court trial recording certain rules

To protect the rights of litigation participants in the proceedings, the standard trial activities, improve the efficiency of the trial, deepen judicial public and promote greater fairness in the judiciary, according to the law of the People's Republic of China criminal procedure law of the People's Republic of China civil procedure law of the People's Republic of China administrative procedure law and other laws and regulations, combining the reality of judicial work, these provisions are formulated.

The first trial cases in the people's courts shall be conducted in trial activities throughout the recording video.

Article 2 the people's court shall within the court equipped with fixed or mobile sound recording or video recording equipment.

Conditional can be installed in the courts of the people's court of the synchronous conversion using intelligent voice recognition system.

Article 3 trial sound recording or video recording shall since announced the start of the hearing, to the court when closed end. In addition to the following conditions, a trial recording video not be artificially interrupted:

(a) an adjournment;

(2) in the open court closed of proof, cross-examination activity;

(3) should not be recorded mediation activities.

Responsible for recording the personnel shall be the time of beginning and ending of sound recording or video recording, without interruption, and so on and so forth to record and file.

Article 4 the people's court of the superposition of synchronous recording time or other measures shall be taken to ensure trial recording true and complete.

Because of equipment failure or technical reasons sound recording or video recording of untrue, incomplete, is responsible for the recording personnel shall make a written instructions, after being signed by the presiding judge or a judge alone on file.

Article 5 the people's court shall use special equipment online or offline storage, backup, hearing sound recording or video recording. Because of equipment failure causes such as is not in conformity with the technical standard of sound recording or video recording, shall store.

Trial recording filing, according to the electronic lawsuits archives management regulations of the people's court.

Article 6 the people's court by the use of intelligent speech recognition system synchronization trial transcript generated by the transformation, check the signature and the court clerk, participants in the proceedings of the judges, as the court record management and use.

Article 7 of the participants in the proceedings to object to the court record and apply for corrections, the clerk can play a trial recording check and correction; Not be corrected, application shall be recorded.

Article 8 the summary procedure of the trial of civil cases court sound recording or video recording, agreed by the parties, and can replace the court record.

Article 9 the people's court shall replace the courtroom record trial recording video sync stored in server or burn a CD, and by the parties and other participants in the proceedings of the integrity check values to sign or take other methods to confirm.

Article 10 the people's court shall through the trial process information platform, service platform and other convenient legal service platform, for the parties concerned, defense lawyers, agent AD litem refer to trial in accordance with sound recording or video recording.

To provide access to sound recording or video recording, the people's court shall establish the necessary safety precautions.

Article 11, defense lawyers, agent AD litem, the parties may, in accordance with provisions of copying video recording or which trial, when necessary, the people's court shall be equipped with corresponding facilities.

Article 12 the people's court may play in accordance with the public trial hearing recording video.

Article 13 of the participants in the proceedings, bystander violates the discipline or relevant laws and regulations, endanger the safety of the court, and disturbing the order of the court, the people's court may, through a trial recording investigation, verification and use it as evidence of shall be investigated for legal responsibility.

Article 14 the people's procuratorate, participants in the proceedings that trial activities is not standard or a violation of the provisions of the law of the people's court shall conduct investigation and verification combined with trial video recording.

Article 15 without the permission of the people's court, no sound recording or video recording of the trial activities, not to take a trial recording video recording, copy, delete, and migration.

Actor implementation of the behavior of the preceding paragraph, shall be investigated for it in accordance with the corresponding responsibility.

Article 16 involving state secrets, commercial secrets, personal privacy trial activities such as recording, as well as to the trial of sound recording or video recording storage, consulting, making copies, which should conform to the security management regulations.

Article 17 the relevant technical support on trial sound recording or video recording, technical standards and technical specifications, shall be separately formulated by the supreme people's court.

Article 18 the people's court or other proceedings for execution, hearing, JieFang activities such as the need for sound recording or video recording, the present provisions.

Article 19 these regulations shall come into force on 1 March 2017. Judicial explanation of supreme people's court issued earlier and normative documents are inconsistent with these provisions, these provisions shall prevail.

 
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