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同步录音录像可有效固定和还原侦查机关收集、提取证据的过程,防止事后翻供,进一步增强相关证据的证明力和说服力,保护犯罪嫌疑人合法权益。但随着该制度普遍应用,由于缺乏行之有效的内部制约与外部监督机制,仍然存在执行不规范、形式主义、公信力低等问题,严重阻碍其功能的充分发挥。本文旨在分析问题并提出相关拙见,以供立法部门参考。
Simultaneous recording and recording can effectively fix and restore the process of collecting and extracting evidences by the investigation authorities and prevent postponement of confessions so as to further enhance the testimony and persuasion of relevant evidence and protect the legitimate rights and interests of criminal suspects. However, with the widespread application of the system, due to the lack of effective internal control and external supervision mechanisms, there are still problems of irregular implementation, formalism and low credibility, which seriously impede the full realization of their functions. This article aims to analyze the problem and put forward some relevant humble opinion, for the legislature for reference.