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The Amendment of the Public Rules of the Sound Recording and Video of Taiwan Court Trial and Its Enlightenment to Mainland Related System
Pages: 9-18
Year: Issue:  6
Journal: Taiwan Research Quarterly

Keyword:  public trial recordingright of privacythe right to knowright of supervisionright of action;
Abstract: There has been a constant dispute over the public rules of recording and video made during the trial in Taiwan. Theoretically, it originates from the conflict between the litigant participants’ right of privacy and the public right of supervision and the right to know. On the other hand, there is also a conflict between the litigant participants’ right of privacy and the liti-gant right of the interested parties. Nevertheless, some relevant provisions have been constantly amended by Taiwan judicial of-fice in order to meet the balance between the public justice and the privacy protection. In contrast,there still exist many prob-lems in the mainland public trial recording and video. Therefore, the writer believes that we should learn from Taiwan experi-ence and use the principle of proportionality on the basis of priority to the protection of individual rights so as to relieve the ten-sion between the publicity of trial recording and the privacy protection in the mainland.
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