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新刑事诉讼法增加非法证据排除的规定,至此,法律意义上的非法证据排除规则在我国得以确立。但该规定仍过于原则,容易产生虚置化。事实上,2010年两院三部关于非法证据排除规定出台后,非法证据排除规则已在司法实践中适用,为此,本文就司法实践现状进行调查,并对我国非法证据排除规则虚置化原因进行分析。
The new criminal procedure law to increase the exclusion of illegal evidence, thus, legal rules of exclusion of illegal evidence was established in our country. However, the provision is still too presumptive and prone to falsification. In fact, after the promulgation of the regulations of the two chambers of parties in 2010 on the exclusion of illegal evidence, the rule of exclusion of illegal evidence has been applied in judicial practice. For this reason, this article investigates the status quo of judicial practice and analyzes the reasons for the illegalization of illegal evidence in our country Analyze.