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勘验笔录与书证都是以书面形式、文字记载的内容来证明案件事实的。物证作为判断事实的根据实质上是以观察物证所得的结果为证据,而通过观察所得的结果其实属于勘验的范畴。因此,我国立法虽然将勘验笔录作为独立证据,但存在将其归入物证、书证的争论。本文从理论研究、立法技术、历史因素这几个方面分析了对勘验笔录证据地位产生争议的原因,对争议的内容进行了评析。并在此基础之上,对它的独立证据地位进行了较为深入的思考。
Expedition records and documentary evidence are written form, written records to prove the facts of the case. Material evidence as the basis for judging the facts is based on the evidence obtained by observing the results as evidence, and the results obtained by observation actually belong to the scope of the survey. Therefore, although the legislation of our country regards the transcripts of the investigation as independent evidence, there is a dispute that it should be classified as material evidence and documentary evidence. This article analyzes the reasons for the controversy over the evidence status of the exposition records from the aspects of theoretical research, legislative techniques and historical factors, and analyzes the content of the disputes. And on this basis, it has conducted a more in-depth consideration of its independent evidence status.