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刑事再生证据的运用不仅有利于原生证据的收集和侦查活动的顺利进行,在特定情况下,还可以直接作为定案的根据。然而到目前为止,理论界和实务界对何为刑事再生证据、其功用何在以及如何认识其法律地位和效力等尚未形成统一的认识。因此,立足于我国刑事司法的现状,澄清有关刑事再生证据的一些理论问题,完善相应的证据规则,具有重大的现实意义。
The use of evidence of criminal reproduction not only facilitates the collection of the original evidence and the smooth progress of the investigation, but also can directly serve as the basis for finalizing the case in certain circumstances. However, up to now, there is not a unified understanding of what is the function of criminal evidence and what is its function as well as how to understand its legal status and effectiveness. Therefore, based on the status quo of criminal justice in our country, it is of great practical significance to clarify some theoretical issues about evidence of criminal reproduction and improve the corresponding rules of evidence.