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法律在促进社会有序稳定发展的过程中遵循着正义的理念,理想的司法状态就是程序正义和实质正义同时获得实现,在大多数情况下确是如此,在严格依据程序的基础上一般能够保证实质正义。但是在纷繁复杂的案件中,难免也会出现“鱼和熊掌不可得兼”的情形。刑事证据是形式诉讼的核心,对于刑事证据的正确把握则奠定了判断是否犯罪的基础,然而在人权愈受人关注的时代,人们不再以一种简单地眼光来看待刑罚,而是更趋于理性得关注取证过程中的人权保护问题。对于已取得的通过非法手段获得的证据,采用之则惩罚了犯罪,为保护人权而放弃之,则纵容了犯罪行为,对于发现真实和人权保护之间的价值取向我们应该做出合理的平衡。
The law follows the notion of justice in the process of promoting the orderly and steady development of the society. The ideal judicial state is that procedural justice and substantive justice are simultaneously realized. In most cases, this is generally true. On the basis of strict procedural basis, it is generally guaranteed Real justice. However, in complicated cases, it is inevitable that “there will be no match between fish and bear’s paw”. Criminal evidence is the core of formal litigation, and the correct grasping of criminal evidence lays the foundation for judging crimes. However, in an age where human rights are getting more and more attention, people no longer view punishments simply, but rather Attention should be paid to the protection of human rights in the process of obtaining evidence. For evidence obtained through unlawful means that has been used to punish crimes and to give up for the protection of human rights, connive at criminal acts. We should strike a reasonable balance between discovering the value orientation between truth and human rights protection.