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以“两高三部”联合出台的《关于办理刑事案件排除非法证据若干问题的规定》为标志,我国对非法证据的排除已经从理论研究阶段真正进入到实操阶段。但在司法实践中,对非法证据把握到底采取何种程度比较符合我国司法现状则是一个值得研究的问题。本文以刑事证据合法性推定为研究视角,通过运用比较和归纳的方法,提出我国应以刑事证据合法性推定作为非法证据证明和排除的前提。
With the promulgation of the “Provisions on Several Issues in Handling Criminal Cases of Excluding Illegal Evidence” jointly promulgated by “two highs and three beings”, the exclusion of illegally obtained evidence in our country has really entered the practical operation stage from the theoretical research stage. However, in the judicial practice, it is a research question worthy of grasping the extent to which illegitimate evidence is better compared with the current judicial status in our country. In this paper, the legitimacy of criminal evidence is presumed to be the perspective of research. By using the methods of comparison and induction, this paper puts forward the premise that our country should prove and eliminate the legitimacy of criminal evidence as illegal evidence.