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非法证据排除规则的确立和完善是刑诉法修改的一大亮点,在法庭调查过程中,公诉部门承担着证据合法性证明的主要职责。公诉人在非法证据排除程序中要有所作为,敢于担当,确立“主角”意识,公诉人不再是单纯的实体指控角色,还要有一个“程序公诉”的角色切入。应转变观念,强化证据合法性意识;改进方式,完善证据审查机制;积极应对,科学配置,确保庭审效果与司法公正,要在刑事诉讼非法证据排除中充分发挥公诉职能作用。
The establishment and improvement of the exclusionary rule of illegal evidence is a highlight of the revision of the Criminal Procedure Law. During the course of the court investigation, the public prosecution department has the main responsibility of proofing the legality of the evidence. The public prosecutor should make a difference in the procedure of excluding the illegal evidence, dare to assume the role of “protagonist”, and the public prosecutor is no longer a mere entity accused person, but also has a “procedural indictment” role. The concept of evidence should be changed, the awareness of the legitimacy of evidence should be strengthened, the ways of improvement should be improved, the mechanism of evidence review should be improved, the coping system should be proactively handled and scientifically allocated to ensure the effectiveness of court trial and judicial justice. The function of public prosecution should be brought into full play in the exclusion of illegal evidence in criminal proceedings.