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从1998年理论界开始研究瑕疵证据,到2010年6月两高三部联合颁布的“两个证据规定”1,再到2013年先后发布的《刑事诉讼法》及其司法解释,对瑕疵证据的研究一直是理论界热议的话题。对瑕疵证据概念的理解学界众说纷纭、观点各异。厘清瑕疵证据的概念,对于司法机关理解与适用相关法律条文,立法者进一步完善相关立法和司法解释,学界夯实相关理论基础意义深远。
From 1998, theoretical studies began to study the evidence of defectiveness. By June 2010, the “two rules of evidence” promulgated by the High Schools and the High Authorities in June 2010 and the Criminal Procedure Law promulgated in 2013 and their judicial interpretation, Evidence research has been a hot topic in theorists. There are many different opinions and understandings about the concept of evidence of flaws. Clarifying the concept of evidence of defects, the legislature to understand and apply the relevant provisions of law, legislators to further improve the relevant legislation and judicial interpretation, the academic foundation to consolidate the relevant theoretical foundation is far-reaching.