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法庭笔录不但是法庭审理案件过程的完整记录,而且也为法官作出裁判提供了必要的信息来源;对于最终以调解方式解决的民事争议,法庭笔录有时还起着确定当事人之间权利义务关系的作用。可是我国现行民事诉讼法对法庭笔录却缺乏有效的规制,既未直接言明其法律地位或效力,亦未对其应如何制作给予任何规定。立法的疏忽,必然导致实践中的各行其是,故而有必要通过修改现行立法以明确法庭笔录的法律效力,并规定应如何制作法庭笔录。
Court records not only serve as a complete record of the proceedings of the court, but also provide the necessary sources of information for judges to make judgments. Court records sometimes also play a role in determining the rights and obligations of parties involved in civil disputes that ultimately settle through mediation . However, the current civil procedure law in our country lacks effective regulation of court records, neither directly states its legal status or effectiveness, nor does it provide any rules on how to make it. The negligence of legislation will inevitably lead to different behaviors in practice. Therefore, it is necessary to amend the current legislation to clarify the legal effect of the court records and stipulate how to make court records.