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非法证据排除规则是现代刑事诉讼中的一种重要证据规则,被许多国家广泛地运用到实践中。英,美,德,日等国现已建立起较为成熟的非法证据排除规则。我国经过实践和探索也初步建立起对非法证据排除的运用规则,但由于发展较晚,机制尚不成熟。在实践中,法律规定不够系统完善,法官对证据的判断自由裁量权较大,导致证据规则的运用不够落。本文通过现行的相关法律规定,对非法证据排除规则进行探讨,以希望促使我国的证据规则更加完善。
The rule of exclusion of illegal evidence is one of the important evidence rules in modern criminal proceedings, which is widely used by many countries in practice. The United Kingdom, the United States, Germany, Japan and other countries have now established a more mature rule of illegal exclusion. After practice and exploration, our country also initially established rules for the application of the exclusion of illegal evidence. However, due to the late development, the mechanism is still immature. In practice, the legal provisions are not systematical and systematic, and judges’ discretion in judging evidences is relatively large, resulting in insufficient application of evidence rules. In this paper, through the existing relevant laws and regulations, this article probes into the rule of exclusion of illegal evidence, hoping to make our evidence rules more perfect.