Will there be a trial video when you go to court? How long will that video be kept? Is it necessary to videotape the trial? Can the parties view the trial video?

When trying a case, the people's court shall make audio and video recordings of the whole trial process, and file the audio and video recordings, and keep them for 20 years, 60 years or permanently according to different cases. The parties may apply to watch the audio and video recordings of the trial.

Legal analysis

First of all, whether the people's court hearing must be recorded. According to the relevant laws and regulations, when hearing a case, the people's court shall record and video the whole trial. The word here is "should", that is to say, when the people's court hears a case, it must make audio and video recordings, which is the obligation of the people's court so that it can play back the trial site, which is not only conducive to the openness of the trial and the protection of the litigation rights of the parties; But also help the judge to correct his mistakes afterwards.

Second, whether and how long audio and video recordings should be kept. The people's court shall keep the audio and video materials of the trial, and make backup and filing. According to the Regulations on the Management of Electronic Litigation Files of People's Movement, the management of litigation files can be divided into regular and permanent, and permanent refers to the permanent preservation of litigation files without time limit; The term includes 20 years and 60 years.

Finally, whether the parties can view the audio and video recordings of the trial. There is no doubt that the parties have the right to view the audio and video recordings of the trial. If a party applies for consulting the audio-visual materials of the trial, the people's court shall provide convenient conditions and necessary safety precautions.

legal ground

Provisions of the Supreme People's Court on Audio-visual Recording of Court Trials Article 1 When trying a case, the people's court shall make audio-visual recordings of the whole trial.

Provisions of the Supreme People's Court on Audio and Video Recording of Court Trials Article 5 The people's court shall use special equipment to store and back up the audio and video recording of court trials online or offline. Audio and video materials that do not meet the technical standards due to equipment failure and other reasons shall be kept together. The filing of audio and video materials of trial shall be carried out in accordance with the Provisions of the People's Court on the Administration of Electronic Litigation Files.

Provisions of the Supreme People's Court on Audio-visual Recording of Court Trials Article 10 The people's court shall provide convenience for the parties, defense lawyers and litigation agents to consult the audio-visual recording of court trials according to law through the information disclosure platform of trial process, litigation service platform and other convenient litigation service platforms. The people's court shall take necessary security measures for audio and video materials for inspection.

Measures for the Administration of Litigation Files of the People's Courts Article 21 The custody period of litigation files can be divided into permanent period and fixed period. Regular periods are divided into 60 years and 20 years. Those with long-term reference value are designated as permanent storage. If it has reference value for a long time, it will be set as 60 years; Where there is a search and use value in a relatively short period of time, it is set at 20 years.

Guiding Opinions on Trial Management of the Supreme People's Court Circuit Court, page 32. After the trial, the video of the trial will be made public to the parties and their agents ad litem. Whether the electronic file is filed or not, it is open to the parties to the case and their agents ad litem. Access to the trial video will be provided directly by the litigation service center after verifying the identity information of the access personnel; With the approval of the presiding judge and the archives management department, you can consult the archived electronic archives; Access to unfilled electronic files shall be approved by the presiding judge. For the parties to the case and the litigation agent to apply for marking, priority is given to providing electronic file access services. Under normal circumstances, the parties to a case and agents ad litem shall be allowed to consult the case files through the Internet. The parties and agents ad litem applying for access to paper files shall submit them in the litigation service center. The clerk should prepare the case file, check the identity certificate and the agency authority, provide inspection, and arrange special personnel to supervise the marking.

57. Opinions of the Supreme People's Court on Implementing the Judicial Responsibility System (Trial). The trial video and case file materials shall be made public to the parties and agents ad litem. Access to the trial video, the litigation service center directly provides access after verifying the identity information of the access personnel; Access to archived electronic files shall be approved by the competent judge and the archives management department, and access to unfilled electronic files shall be approved by the competent judge. When the parties and agents ad litem consult the above materials, the clerk shall provide access after checking the identity documents and agency authority, and arrange special personnel to supervise the marking.