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为根治以刑讯逼供、威胁、引诱等非法手段获取证据的顽疾,我国立法机关从司法解释、法律等层面对非法证据排除规则进行了规范,经过近几年的试运行,该规则的贯彻并不理想,尤其是非法证据排除的程序性问题,导致法院在非法证据排除的审理中缺乏正当性的规则指引,使得原本非法的证据变相地披上了合法“外衣”。鉴于此,本文将从法律视角对我国非法证据排除程序机制进行探讨。
In order to eradicate the ill effects of obtaining evidence by illegal means of torture, threats and inducement, our legislature has standardized the rule of exclusion of illegal evidence from the aspects of judicial interpretation and law. After several years of trial operation, the implementation of the rule has not been implemented The procedural problems of ideals, especially the exclusion of illegitimate evidence, led the courts to lack the justified rules and guidelines in the trial of the exclusion of illegitimate evidence, so that the originally illegitimate evidence was disguised as legitimate “cloak”. In view of this, this article from the legal perspective of China’s illegal evidence exclusion procedure mechanism to explore.