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视听资料证据是我国三大诉讼法明确规定的法定证据之一。私采的视听资料能否作为诉讼证据并确认其证据效力,在我国法学理论界存在很大分岐。如果否定了私采视听资料的证据效力,就等于从实质上排除了对绝大部分视听资料的运用,而视听资料作为一项法定证据就失去了立法意义。私采视听资料无论从证据属性来审视,还是从实践需要来看,或是从各国经验来研究,都不适宜否定其证据效力。
Audiovisual data evidence is one of the statutory evidence clearly stipulated in the three major procedural laws in our country. Whether privately owned audio-visual materials can be used as evidence of lawsuit and confirm the validity of evidence has a great difference in our country’s jurisprudence circles. If we negate the effectiveness of the private hearing audio-visual materials, it means that the substantial majority of audio-visual materials are excluded from the application, and audio-visual materials as a statutory evidence loses its legislative significance. Private audio-visual materials in terms of evidence to examine, or from the practical needs, or from the experience of all countries to study, are not suitable to deny the effectiveness of evidence.