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刑事证据能力问题在西方国家证据理论中居于核心地位,两大法系国家已形成较为系统的适合其不同诉讼模式需要的证据规则体系。非法收集的证据因程序违法,可能侵犯相对人的合法权利,证据的真实性也难以保证。建立非法证据排除规则符合世界诉讼民主化潮流,与国际诉讼人权保障最低标准接轨。虽然我国目前的国情会对非法证据排除规则产生较大的诉讼价值冲突,但是确立经济合理的非法证据排除规则,不仅是人权保障、实现程序正义的需要,更是建立法治国家的要求。
The criminal evidence competency is at the core of evidence theory in Western countries. The two legal systems have formed a systematic system of evidence that suits their different litigation models. Evidence collected illegally may infringe upon the legal rights of the counterparty due to procedural violations, and the authenticity of the evidence can not be guaranteed. The establishment of rules for the exclusion of illegal evidence complies with the democratization trend of world lawsuits and is in line with the minimum standards of international litigation protection of human rights. Although the current national conditions in our country will cause a great conflict of value in the law of exclusion of illegal evidence, establishing the rule of excluding illegal and valid evidence of economic rationality is not only the requirement of guaranteeing human rights and realizing the procedural justice, but also the requirement of establishing a state under the rule of law.