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随着法制建设的不断推进,非法证据排除方面规则建设也取得了长足的进步。新的刑事诉讼法修改草案不仅明确了非法证据必须排除,还就公、检、法在非法证据排除过程所承担的责任和义务作出了明确的规定。但是在法务实践中,依然会出现一些理论实践相脱离的情况,这跟多年来的司法理念和司法习惯是分不开的。本文立足于非法证据排除规则在法务实践中运用现状,就在实务中和立法中如何加强非法证据排除作出探讨。
With the continuous improvement of the legal system construction, the rule-building concerning the elimination of illegal evidence has also made great strides. The new draft Criminal Procedure Law not only clarifies the illegal evidence must be ruled out, but also on the public, prosecutors and the law in the exclusion of illegal evidence obligations and obligations made clear. However, in the practice of legal practice, some situations of theoretical practice may still exist, which is inseparable from the judicial concepts and judicial habits over the years. This article based on the rule of illegal evidence exclusion in the legal practice of using the status quo in practice and legislation how to strengthen the exclusion of illegal evidence to explore.