论文部分内容阅读
侦查实践中,非法取证行为广泛存在,主要表现为刑讯逼供和欺骗、引诱、威胁等方法收集言词证据。究其原因,在于侦查取证主体法治观念淡薄,办案水平不高,非法证据排除规则不够完善,侦查监督不力以及传统诉讼理念的影响等问题。防治非法取证有利于刑事诉讼的顺利进行,有利于维护当事人的合法权益,有利于维护程序正义。防治非法取证应从提升侦查取证主体素质,完善相关法律制度,强化监督等方面进行着手。
In the practice of investigation, there is a wide range of illegal evidence-gathering activities, which mainly include the collection of verbal evidence by means of extorting confessions by torture, luring and threats. The reason is that the main body of investigation forensic weak concept of the rule of law, handling the case is not high, the rules of the exclusion of illegal evidence is not perfect, the lack of investigation and supervision as well as the impact of traditional litigation issues and other issues. Prevention and control of illegal forensics is conducive to the smooth progress of criminal proceedings, is conducive to safeguarding the legitimate rights and interests of the parties, is conducive to safeguarding the procedural justice. Prevention and control of illegal forensics should improve the quality of the main body of investigation and evidence collection, improve the relevant legal system, strengthen supervision and so on.