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非法证据排除规则,是指规定因违反法定程序获取证据,该证据不具有证据能力而不能被法庭采纳的规则。非法证据排除规则的确立,是法的价值权衡的结果,如果对非法证据不予排除,虽强化了法的惩罚功能,但相对降低了法的评价作用,影响案件事实的查明。实践中非法证据排除存在一定的适用问题。笔者拟结合办案实践,对这些问题进行思考和阐述。一、同步录音录像证明力的
The exclusionary rule of illegal evidence refers to the rule of requiring that evidence can not be adopted by the court due to the fact that the evidence is not obtained due to legal procedures. The establishment of the rule of exclusion of illegal evidence is the result of the trade-off of value. If the illegal evidence is not ruled out, the punishment function of law is strengthened, but the evaluation of law is relatively reduced and the facts of the case ascertained. There are some applicable problems in the practice of excluding illegal evidence. I intend to combine case practice, thinking and elaboration of these issues. First, the simultaneous recording video proved