“两部证据规定”确立了颇具特色的非法证据排除规则,然而其缺乏对类似刑讯逼供的变相刑讯逼供方式所获取的证据能否视为非法言词证据的规定,在实践、立法、技术层面有待完善;非法口供证据排除的线性程序为被告人设置了障碍,线性构造体系必须得到加强和完善;对有“威胁、引诱、欺骗”嫌疑的被害人陈述和证人证言缺乏规范,实践中应当斟酌处理。 However, its lack of provisions on the evidence obtained by means of extorting confessions by analogy of torture in disguised form can not be regarded as evidence of illegitimate words. In the fields of practice, legislation, technology The linear program that excludes illegitimate oral evidence sets obstacles for defendants and the linear structural system must be strengthened and perfected. There are no norms for the victim statements and witness testimony that have the suspicion of “threatening, luring and cheating”, and in practice Should be handled as appropriate.