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非法证据排除规则是刑事诉讼中一项重要的证据规则。随着社会的进步和对刑事诉讼规律认识的提高,各国几乎都根据自己的国情对非法证据的排除作了不同的处理规则。我国刑事诉讼法虽对获取证据的程序和方法作了严格的规定,但未通过立法明确设立非法证据排除规则。
Exclusion of illegal evidence rules is an important evidence in criminal proceedings rules. With the progress of society and the improvement of understanding of the law of criminal procedure, almost all countries have made different treatment rules for the exclusion of illegal evidence according to their own national conditions. Although China’s Criminal Procedure Law has made strict rules on the procedures and methods for obtaining evidence, it has not passed the legislation to establish a clear rule of excluding illegal evidence.