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非法证据排除规则名存实亡的现状要求我们必须冷静反思其在我国运行的现实障碍。应将非法证据排除规则划分为若干阶段性任务,首先集中精力排除刑讯逼供。非法证据排除规则的构建不可急于求成、寄望于毕其功于一役;必须深入思考我国的社会形势和民众接受程度,不可排除面过宽;必须改变对侦查机关防范和不信任的认识基础和错误心态;必须深入研究和思考如何保障法院、法官毫无顾忌地行使排除权;必须集中精力解决当务之急——刑讯逼供;必须有政治智慧,讲究策略。
The status quo in the very nature of the exclusionary rules of illegal evidence requires that we must calmly reflect on the practical obstacles to its operation in our country. The exclusionary rule of illegal evidence should be divided into several stages of tasks. First, we should concentrate on the exclusion of torture. The construction of rules for the exclusion of illegal evidence can not be achieved in an anxious but hopeful way in fulfilling its duties. It is necessary to think deeply about the social situation in our country and the degree of popular acceptance, and it can not be ruled out that it is too broad. We must change the basis for understanding and misunderstanding of the investigating authorities Mentality; we must thoroughly study and think about how to protect the courts and judges without any scruples to exercise their right of exclusion; we must concentrate on resolving immediate tasks - torture by torture; we must have political wisdom and pay attention to tactics.