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从2010年最高人民法院等五机构联合颁布《关于办理死刑案件审查判断证据若干问题的规定》(以下简称《死刑证据》)和《关于办理刑事案件排除非法证据若干问题的规定》(以下简称《非法证据排除规定》)到当下刑事诉讼法的酝酿修改,我国的刑事证据制度在立法层面上取得了突破性的进展,而在诸多进展当中又以非法证据排除的相关规定最为引人关注。无论是立法者、学术界还是实务界尤
From 2010, the Supreme People’s Court and other five institutions jointly promulgated the Provisions on Some Issues Concerning the Examination and Judgment of the Death Penalty Cases (hereinafter referred to as the “Evidence on Death Penalty”) and the “Provisions on Some Issues Concerning the Handling of Illegal Evidence in Criminal Cases” (hereinafter referred to as the “ Illegal Evidence Exclusion Rules ”) to the current revision of the criminal procedure law, the criminal evidence system in our country made a breakthrough at the legislative level, and among the many progress, the relevant provisions that were excluded by illegal evidence were the most concerned. Whether legislators, academics or the practice sector in particular