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随着科技的日新月异,视听资料作为一种证据形式在刑事诉讼中的运用迅速普及开来。但是私自录音录像的现象也不断出现,这给刑事诉讼中如何认定该类视听资料的合法性提出了难题。本文在此结合对新刑诉有关立法的解析、学者对于该类视听资料的评述以及交叉学科民诉的立法借鉴,试图提出自己对该类视听资料合法性标准的一点看法和立法建议。
With the rapid development of science and technology, the use of audio-visual materials as a form of evidence in criminal proceedings has rapidly spread. However, the phenomenon of privately recorded audio and video also appears constantly, which poses a problem for how to determine the legitimacy of such audio-visual materials in criminal proceedings. Based on the analysis of the relevant legislation of the new criminal lawsuit and the scholars’ comments on such audio-visual materials and the legislative reference of cross-disciplinary civil litigation, this article attempts to put forward some opinions and legislative suggestions on the legitimacy standards of such audio-visual materials.