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刑事证据法对权利保障与规制职权的重视程度,是其发展程度的基本标志。在现代社会中,权利保障与规制职权的关系往往表现为一个硬币的两面。但打击犯罪与权利保障的关系决不是因为两者存在冲突而需要“并重”或“兼顾”的关系。在刑事诉讼中是否肯定权利保障,实际上就意味着是否赞同采用文明的方法以实现惩罚犯罪的目标。从某种意义上甚至可以说,刑事诉讼法律规范对权利保障的肯定程度,也就是其文明程度。鉴于排除非法证据是程序性法律后果的重要内容,因此,两个《规定》明确规定非法证据排除规则及相关内容,使我国的刑事诉讼法在设置程序性法律后果方面迈出了引人瞩目的步伐。如何使两个《规定》中的程序性法律后果得到落实,则仍需进一步的努力。
The importance of criminal evidence law in safeguarding rights and regulating power is the basic mark of its development. In modern society, the relationship between the protection of rights and the regulatory powers often manifests as two sides of a coin. However, the relationship between the fight against crimes and the guarantee of rights must not be because of the existence of conflicts between the two and require “equal emphasis” or “balanced” relations. Whether or not to affirm the guarantee of rights in criminal proceedings actually means whether or not we agree with a civilized approach to the goal of punishing crime. In a sense, it can even be said that the degree of affirmation of the protection of rights in criminal procedural norms, that is, its degree of civilization. In view of excluding illegal evidence is an important part of procedural legal consequences, the two “rules” clearly stipulate rules and related contents of exclusion of illegal evidence, so that our criminal procedure law has made remarkable achievements in setting procedural legal consequences pace. How to implement the procedural legal consequences of the two provisions is still subject to further efforts.