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视听资料在我国是一种独立的证据种类,它对于民事案件的审判具有其他证据无法替代的优越性,但其本身又具有易于伪造和篡改的缺陷。我国关于视听资料证据效力的认定经历了一个比较长期的发展过程。笔者认为,为了使司法机关在实践中能够客观、公正地了解案情,应对视听资料的证据能力进行合理的判断,并通过有效的途径赋予其证据能力,对非法证据进行排除。此外,为保证定案的准确及视听资料的证明力,应对其证据力进行审查判断。
Audio-visual materials are a kind of independent evidence in our country. It has the superiority that other evidence can not be replaced for the trial of civil cases, but it also has the defects that it is easy to forge and tamper. The recognition of the validity of audiovisual data evidence in our country has experienced a relatively long-term development process. In my opinion, in order to enable the judiciary to understand the facts objectively and justly in practice, it is necessary to make reasonable judgments on the evidence-based ability of audio-visual materials and to give effective evidence to eliminate the illegal evidence. In addition, in order to ensure the accuracy of the verdict and the authenticity of the audio-visual materials, its evidence power should be examined and judged.