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刑事诉讼法及相关司法解释规定了非法证据的内涵及非法证据排除的程序和证明责任,为司法办案提供了法律层面的基本遵循。但实践中,对于如何在遵循非法证据排除规则的同时准确有效地打击犯罪、公诉部门在非法证据排除中如何履行客观公正义务等问题,检察机关仍存有困惑。对此,检察机关在公诉环节应坚持以证据审查为核心,积极应对被告人及其辩护人在庭审中提出的非法证据排除要求,强化机制倒逼作用,确保司法办案的客观公正性,提高案件办理质效。
Criminal Procedure Law and related judicial interpretation stipulate the connotation of illegal evidence and the procedure and burden of proof for excluding illegal evidence, which provide the basic legal compliance for judicial handling. However, in practice, the procuratorial organs are still confused about how to crack down on crimes accurately and effectively while abiding by the rules of excluding illegal evidences and how public prosecutions can perform their objective and fair obligations in the exclusion of illegal evidences. In this regard, the procuratorial organs should adhere to the prosecution part of the evidence review as the core, and actively respond to the defendants and their defenders in the trial of illegal evidence to exclude the request to strengthen the mechanism forcing force to ensure that the judicial handling of the case of fairness and improve the handling of cases Quality effect.