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2012年3月新修订的《中华人民共和国刑事诉讼法》首次以立法的形式明确规定了非法证据排除规则。非法证据排除规则的确立,是我国刑事诉讼制度进一步民主化、法治化的重要标志,也对维护司法公正,防止冤假错案具有重要意义。在司法实践中,正确适用该规则,不仅有利于减少和遏制刑讯逼供等违法行为的发生,保障犯罪嫌疑人的合法权益,更有利于规范执法,准确有力地打击犯罪,保证办案质量。但是,该规则目前尚不完善,在实践中操作还存在一定难度。在现有的法律框架下,司法工作人员适用非法证据排除规则,必须树立打击犯罪与保障人权并重的价值观。
In March 2012, the newly revised “Criminal Procedure Law of the People’s Republic of China” explicitly stipulated the rule of exclusion of illegal evidence in the form of legislation for the first time. The establishment of the rule of exclusion of illegal evidence is an important symbol of further democratization and rule of law in the criminal procedure system in our country. It is also of great significance in safeguarding judicial justice and preventing unjustly wrongful and wrong cases. In judicial practice, the correct application of the rules is not only conducive to reducing and curbing the occurrence of illegal acts such as torture, competing for the suspect’s legitimate rights and interests, but also more conducive to standardizing law enforcement, accurately and effectively cracking down on crimes and ensuring the quality of handling cases. However, the rules are not perfect at present, and there is still some difficulty in operating in practice. Under the current legal framework, judiciary staff should apply the rules of exclusion of illegal evidence and must establish the values of both the fight against crime and the protection of human rights.