美国庭审录音录像档案的公开与启示
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摘要
随着信息技术的发展,美国的法庭记录方式经历了由传统的速记员记录到录音录像记录的转变,法庭记录档案公开的重心由传统的前往法院查阅转变为电子获取。对于庭审录音录像档案的公开,美国联邦和各州法院进行了长期探索。随着公开范围的不断扩大,诉讼参与人的隐私权保护日益受到重视,新型的录音录像记录方式不仅影响了美国上诉审查的传统,而且增强了法院的公信力。以美国为借鉴,我国庭审录音录像档案公开制度的完善可从扩大庭审录音录像公开的对象和范围、对公开的庭审录音录像进行必要编辑、加强对庭审录音录像录制技术的培训等层面展开。
With the development of information technology, the way of court records in U.S. has changed from traditional stenographer records to audio and video recordings, and the focus of court archives openness have also changed from the traditional way of visiting the court to electronic access.The U.S. federal and state courts have made long-term explorations of the openness of audio and video recordings. As the openness range is enlarging, the protection on the privacy rights for litigant participants has been paid more attentions. The new recording method on audio and video not only affects the traditions on appeal review in the U.S. but also enhances the credibility of the court. Taking the U.S. as a reference, the improvement of the openness system of audio and video recordings in China can be started from the following aspects: expanding the object and scope of the openness, making necessary edits, and strengthening the recording technique training on audio and video recordings.
With the development of information technology, the way of court records in U.S. has changed from traditional stenographer records to audio and video recordings, and the focus of court archives openness have also changed from the traditional way of visiting the court to electronic access.The U.S. federal and state courts have made long-term explorations of the openness of audio and video recordings. As the openness range is enlarging, the protection on the privacy rights for litigant participants has been paid more attentions. The new recording method on audio and video not only affects the traditions on appeal review in the U.S. but also enhances the credibility of the court. Taking the U.S. as a reference, the improvement of the openness system of audio and video recordings in China can be started from the following aspects: expanding the object and scope of the openness, making necessary edits, and strengthening the recording technique training on audio and video recordings.
引文
[1]Tahney Lee,Court Recording Methods and Their Implication on Criminal Trial Procedure:Focusing on Digital Audio Recording Model's Potential to Facilitate ConcentratedHearing in Korea,15 J. Korean L. 355,363-365(2016).
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[5]John Losinger,Electronic Access to Court Records:Shifting the Privacy Burden Away from Witnesses and Victims,36 U. Balt.L.Rev.419,419(2007).
[6]林臻娴.法庭录音办法修正之争议[J].“国会”月刊,2014(8):40-41.
[7]李少平.最高人民法院庭审录音录像司法解释理解与适用[M].北京:人民法院出版社,2017:93.
[2]Mary E. Adkins, The Unblinking Eye Turns to Appellate Law:Cameras in Trial Courtrooms and Their Effect on Appellate Law, 15 J. Tech. L.&Pol'y 65,68(2010).
[3]田禾,吕彦滨.司法透明国际比较[M].北京:社会科学文献出版社,2013:61.
[4]刘定基.法庭录音的公开及其限制——司法独立、司法课责任与隐私保护[J].月旦法学杂志,2015(10):156.
[5]John Losinger,Electronic Access to Court Records:Shifting the Privacy Burden Away from Witnesses and Victims,36 U. Balt.L.Rev.419,419(2007).
[6]林臻娴.法庭录音办法修正之争议[J].“国会”月刊,2014(8):40-41.
[7]李少平.最高人民法院庭审录音录像司法解释理解与适用[M].北京:人民法院出版社,2017:93.