legal ground
According to the development of technology, recording is no longer a single recording behavior, but also needs the synchronization guarantee of "synchronous recording and video recording" to prove the credibility of recording and solve the technical problem that "recording" and "synchronous recording and video recording" are not synchronized. In China, the "five-synchronization comprehensive recording system of transcripts" has appeared, that is, five processes of typing, recording, video recording, time and live demonstration of transcripts are recorded on one interface at the same time. First, the title. For the record of interrogation.
Second, ask for a brief introduction. In accordance with the provisions of the column, record the time and place of the inquiry item by item, the name and work unit of the inquirer and recorder, and the name, gender, age, home address and work unit of the inquired person. If there are other people present at the inquiry, it shall also be recorded.
Third, the content of the inquiry. Ask and answer questions and truthfully record the testimony provided by the interviewee.
Fourth, check the transcript. After the inquiry, the recorder shall show the record to the person being questioned or read it to him. If there is any discrepancy, he should be allowed to correct it. After the interviewee confirms that it is correct, he should write the words "I have read the above records (or read them to me) and there is no discrepancy" on the transcript.
Five, the respondent, the inquirer and the recorder signed in turn. The trial record is the unity of objectivity and subjectivity;
Trial is an activity carried out by a specific person at a specific time and place. The process can be perceived by people's vision and hearing, and can also be described by words. As an immediate written reflection of the whole process of trial by legal personnel (clerks), the court record must be bound by objective facts and cannot be divorced from the truth. You can't use inference or fabrication to replace factual records. This is objectivity. Because the recording is done manually by individuals (computers and tachometers are just tools), it is inevitably mixed with subjective factors, so it also has certain subjective components. Just as the trial process itself has a center or focus (such as proof, cross-examination, debate, etc.). ), trial transcripts are different from audio-visual recordings and have their own inherent emphasis. Article 24 of the Provisions of the Supreme People's Court on the Application of Summary Procedure in the Trial of Civil Cases requires the clerk to make a detailed record of the relevant matters such as the parties' application for withdrawal, admission, proof, cross-examination, withdrawal of the lawsuit, reconciliation and so on, which have a significant impact on substantive rights. This also shows that the trial transcript should focus on narration on the basis of a complete process.