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非法证据是影响审查逮捕质量的重要因素之一,在审查逮捕环节必须要排除据以定案的非法证据,切实提高审查逮捕质量。但是,审查逮捕环节书面审查的局限性、讯(询)问取得的言词证据片面性以及缺乏排除非法证据的程序保障,使得这一环节排除非法证据带有主观性,存在一定风险,为此在审查逮捕环节就应当充分发挥法律监督职能,设置启动排除非法证据的程序,保障各方权利得到充分行使,有效排除非法证据,尽可能地将据以定罪的非法证据排除在庭审之外,以减少非法证据排除成本,节约司法资源,提高司法效益,及时保障人权。
Illegal evidence is one of the important factors that affect the quality of the arrests being examined. In the process of examining the arrests, it is necessary to exclude the illegal evidence that has been finalized so as to effectively improve the quality of the arrests under review. However, the limitations of the censorship of the arrests, the unilateralism of the testimony received due to the hearing and the lack of procedural safeguards for excluding illegal evidence make it unnecessary to subvert the illegal evidence in this session, The process of arrest should give full play to the function of legal supervision, set up procedures for initiating the exclusion of illegal evidence, guarantee the full exercise of the rights of all parties, effectively exclude illegal evidence, and exclude as far as possible the illegal evidence that is convicted from trial to reduce illegality Evidence eliminates costs, saves judicial resources, improves judicial efficiency and guarantees human rights in a timely manner.