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证据合法性的调查工作,就公、检、法三机关而言,公安机关作为侦查机关自律纠察似乎难以取得公众的信任;而法院作为司法审判机关,又没有特别积极主动的调查权能;因此证据合法性的调查工作由检察机关主导开展成为必然趋势。文章分析刑事诉讼中证据流转的特点,提出证据的合法性被多次裁量的观点,通过剖析对《关于办理刑事案件排除非法证据若干问题的规定》的理解与运用,具体化常见证据形式的排除标准,勾画出以检察机关为主导、以派驻看守所检察室为重要平台的证据合法性调查工作体系,将非法证据排除的关口从审判阶段向前推进。
As for the investigation of the legitimacy of evidence, it seems difficult for the public security organs to obtain self-discipline by the investigating authorities as public authorities, prosecutors and the public authorities. As the judicial adjudication organ, the court does not have the special power to investigate and prosecute itself. Therefore, evidence The investigation of the legitimacy of the procuratorial organs led to become an inevitable trend. This article analyzes the characteristics of the flow of evidence in criminal proceedings and puts forward the viewpoint that the legitimacy of evidence is repeatedly determined. By analyzing the understanding and application of the “Provisions on Several Issues in Handling Criminal Cases to Eliminate Illegal Evidence,” the exclusion of the forms of common evidence Standard, delineating a work system of investigating the legitimacy of evidence that is dominated by the procuratorial organs and based on the procuratorates stationed in the detention center, and advances the examination of exclusions from illegal evidence from the trial stage.