现场照片在刑事诉讼中的证据地位及规则探讨

The Status of on-the-spot Photo Evidence in Criminal Prosecution and its Regulations

现场照片作为法定证据,在刑事诉讼中发挥着越来越重要的作用,但现行的相关法律始终把现场照片证据视为勘验、检查笔录的辅助记录内容,其地位的边缘性导致了现场照片证据规则的缺失,一定程度上延缓了刑事摄影技术的发展。

On-the-spot photos as a kind of legal evidence plays a more and more important role in criminal prosecution. However, the current law always takes on-the-spot photo evidence as an auxiliary part of the record of investigation and examination. Its periphery status leads to the deficiency of its regulations, which to some extent affects the development of criminal photography.