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随着人类社会的进步和对刑事诉讼规律认识的提高,各国都在一定程度上从立法上确立了非法证据排除规则。但我国目前非法证据排除规则体系刚刚确立,与国外先进法律制度相比,存在着诸多不足。本论文在这种情况下,首先对非法证据的概念、类别进行了简单的介绍,然后对非法证据排除规则的价值进行了分析,并概述了我国非法证据排除规则中所存在的问题,并有针对性的提出具体的解决对策,具有一定的借鉴意义。
With the progress of human society and the improvement of the understanding of the law of criminal procedure, all countries have, to a certain extent, established the rule of excluding evidence of illegal evidence from the legislation. However, the system of rules for excluding illegal evidences in our country has just been established. Compared with the advanced legal systems in other countries, there are many deficiencies. In this case, this paper first introduces the concept and category of illegal evidence, and then analyzes the value of the rule of exclusion of illegal evidence, and summarizes the existing problems in the rule of exclusion of illegal evidence in our country. Targeted to propose specific solutions, with some reference.