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非法证据排除规则的贯彻实施能够有效避免刑事诉讼中采用刑讯逼供、威胁、引诱等侵犯人权方式非法获取证据的行为,这项制度的确立在我国刑事诉讼法领域具有划时代的重要意义。随着法律体系的日趋完善,2012年修订后的《刑事诉讼法》在继承《办理刑事案件排除非法证据若干问题规定》的基础上又进行了丰富和完善,本文试图在剖析法条的基础上,理清二者之间的关系,以彰显其进步意义所在。
The implementation of the exclusionary rules of illegal evidence can effectively prevent the illegal acquisition of evidence in the criminal procedure such as torture, threats and inducement, which violates human rights law. The establishment of this system is of epoch-making significance in the field of criminal procedure law in our country. With the improvement of the legal system, the revised Criminal Procedure Law of 2012 has been enriched and perfected on the basis of inheriting the Provisions on Several Issues in Handling Criminal Cases of Excluding Illegal Evidence. This article attempts to analyze the basis of the article , Clarify the relationship between the two, to highlight the significance of its progress.