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虽然庭前会议非法证据排除作为《刑事诉讼法》的新规定目前越来越受到关注,但是其法律依据模糊、程序运行不规范等问题也在最近的司法实践中凸现出来。本文以我国刑事司法实际为立足点,对比庭前会议非法证据排除的不同观点,以相关法条为依据,从而得出以下结论:一般应在庭前会议中作出具有法律效力的非法证据排除决定,以控辩双方对证据收集合法性都有异议的情形为例外。
Although the exclusion of illegitimate evidence from the pre-trial meeting as the new provisions of the Code of Criminal Procedure is getting more and more attention nowadays, its legal basis is vague and irregularities of the procedures are also emerging in recent judicial practice. Based on the reality of criminal justice in our country, this dissertation compares the different viewpoints of exclusion of illegitimate evidence in the pre-trial meeting with the relevant laws and regulations, and draws the following conclusions: It is generally supposed to make a legally binding and illegal evidence exclusion decision , With the exception that both the prosecution and the defense have objections to the legitimacy of the evidence collection.