论我国庭审录音录像档案公开制度之完善

Research on the Perfection of the Opening of Court Audio and Video Archives in China

我国庭审录音录像档案在公开过程中存在查阅方式和申请查阅主体范围狭窄以及复制权利虚化的问题,原因在于庭审录音录像档案公开理念存在偏差和缺失相应的公开规范。美国和我国台湾地区的庭审录音录像档案公开对象不同,前者面向一般社会公众,后者仅限于当事人和有权阅览卷宗之人。对于司法公开边界和当事人隐私权保护的利益衡量影响着庭审录音录像档案公开的范围和对象。庭审录音录像档案的公开涉及当事人公开和法院公开两个层面,我国庭审录音录像档案公开制度的完善应围绕当事人和社会公众的查阅和使用展开。

There are some problems in the openness process of the court audio and video archives in China, such as the narrow scope of the viewing methods and the subject of application, as well as the vanity problems on copy rights. The reason lies on the concept deviation on the audio and video archives openness and lack of corresponding openness standards. The objects that the audio and video archives open to are different in the U.S. and China’s Taiwan. The former is open to the general public,while the latter is only limited to the parties and those who have the right to view the archives. The interest measurement between the judicial openness boundary and the privacy protection for the parties affects the scope and object of the audio and video archives openness. The openness involves two levels: the openness by the parties and the openness by the court. The improvement of the openness system for court audio and video recordings in our country should focus on the access and use for the parties and the public.