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非法证据的问题是刑事诉讼过程中一个极为关键的问题,近些年在刑事诉讼法学界引起了热烈的探讨。过去实践中一般在庭审中对非法证据问题进行排除审查,这面临诸多障碍。新《刑事诉讼法》中庭前会议制度的确立为庭前排除非法证据创造了条件,相关司法解释也对司法实践之操作作了进一步的规定,为非法证据排除的中国实践之路指出了道路。本文在新的立法背景下立足我国司法国情,对实践中非法证据排除的困境进行深入剖析,试探索解决我国司法实践程序困境之路,促进我国刑事诉讼朝着文明与法治的方向迈进。
The issue of illegal evidence is an extremely crucial issue in the process of criminal proceedings. In recent years, there has been a heated discussion in the field of criminal procedure jurisprudence. In the past, in practice, the issue of illegal evidence was generally excluded from the courtroom examination. This posed many obstacles. The establishment of the pre-court conference system in the new Code of Criminal Procedure has created the precondition for excluding illegal evidence. Relevant judicial interpretations also provide further provisions for the operation of judicial practice, pointing out the way for China’s practice of excluding illegal evidence. Under the new legislation background, based on the national conditions of our country, this article analyzes in depth the plight of eliminating illegal evidence in practice, and tries to find solutions to the dilemma of judicial practice in our country so as to promote our country’s criminal prosecution toward civilization and rule by law.