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我国现行立法对证据排除和证据禁止的规定 ,严重混淆了证据适格和证据力的基本概念和判断标准 ,其结果是 ,在事实上否认了法官排除不适格证据的权力。同时 ,理论上的认识也存在种种误区。应设立和完善我国证据排除和证据禁止制度 ,重构设想包括四方面 :在诉讼中彻底贯彻直接审理原则 ;特权规则 ;非法取得证据禁止原则及明显无关联性排除规则。
The current legislation on the exclusion of evidence and the prohibition of evidence seriously obscure the basic concepts and criteria of the evidence of conformity and the power of evidence. As a result, the judge has actually denied the judge the right to exclude evidence of discontent. At the same time, there are various myths in theory. The system of exclusion of evidence and the prohibition of evidence should be established and perfected. Reconstruction of the concept includes four aspects: the principle of direct trial is thoroughly implemented in litigation; the principle of privilege; the principle of prohibition of evidence illegally obtained and the rule of exclusion of apparently unrelated.