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在刑事案件的证据取证过程中,需要对被告人进行犯罪证据的录音录像取证,因此我国刑法提出了有关审讯录音录像取证制度,对于我国司法取证制度改革具有重要影响。通过对刑事案件在刑侦过程中的证物核实,可以有效规范侦查讯问的合法性,有效制止通过刑讯逼供等非法手段的取证行为,充分保障到犯罪嫌疑人的人身权利,有利于法制建设保持公平、正义。同时,对于录音录像制度的进一步完善,能够更为全面真实地反映出刑侦讯问情况的真实性,有效打击非法取证行为的发生。但是,就目前我国刑法中关于讯问录音录像制度的修改情况的具体实施还需要进行充分验证,对录音录像制度的健全和完善以及防止非法取证进行进一步研究。
In the course of evidence-taking of criminal cases, the defendant needs to obtain the evidence of audio and video recording and evidence-gathering. Therefore, the criminal law in our country has brought forward the system of evidence-gathering of audio-video recording and interrogation, which has an important influence on the reform of judicial evidence-obtaining system in our country. By verifying the evidence in the criminal investigation process, it can effectively regulate the legitimacy of interrogation, effectively stop the act of taking evidence through illegal means such as torture, fully guarantee the personal rights of the criminal suspects, and promote the construction of legal system to maintain fairness ,justice. At the same time, the further improvement of the audio and video recording system can more fully and truly reflect the authenticity of the criminal investigation questions and effectively crack down on the occurrence of illegal forensics. However, at present, the concrete implementation of the modification of interrogating the recording and recording system in China’s criminal law needs to be fully verified to further study the soundness and improvement of the audio-video system and to prevent illegal evidence collection.