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录音录像的实质是侦查内卷中的口供电子形式,是控方掌握的实质证据与辅助证据。在辨方无权分享录音录像、结构性失衡的程序中,录音录像具有固定证据、内部监督以及培训教程等程序管理功能。录音录像的人权保障功能多被学者所夸大,或为实务界的特意言说,人权保障功能具有间接性和非制度性。在犯罪控制、保持稳定的大局中,深陷侦查中心主义构造中的录音录像,仍然坚守程序管理功能;但在刑事诉讼目的、权力结构、诉讼构造可能变化的未来,录音录像人权保障的潜在功能将逐步实现。
The essence of audio-video recording is to detect the oral electronic form in the volume and is the substantive evidence and supporting evidence that the prosecution has mastered. In the process of disagreeing to share recording and structural imbalances, the recording and video recording has the functions of program management such as fixed evidence, internal supervision and training courses. Much has been exaggerated by academics for the protection of human rights of audio-video recordings, or for the specific practice of the profession, human rights protection functions are indirect and non-institutional. In the overall situation of criminal control and maintaining stability, the audio-video recorded in the investigation-centrism structure still sticks to the function of procedure management. However, in the future of criminal procedure purpose, power structure and litigation structure may be changed, the potential function of audio-video recording human rights protection Will be gradually realized.