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刑事诉讼中的非法证据排除规则在惩治犯罪、保障人权的同时,实现对侦查机关违法侦查行为的规制和约束。要建立既科学合理,又符合我国基本国情的非法证据排除规则,就有必要反思我国非法证据排除规则的现状及司法困境,明确其目的作用,厘清其理论基础,提出非法证据排除规则的初步构想。
The rule of excluding illegal evidence in criminal procedure, while punishing crime and safeguarding human rights, realizes the regulation and restraint on the investigation of illegal investigation by the investigating organ. It is necessary to reconsider the current situation and judicial predicament of the exclusionary rules of illegal evidence in our country and clarify its purpose, clarify its theoretical foundation and put forward the tentative conception of the rule of exclusion of illegally obtained evidence, so as to establish an exclusionary rule of illegally obtained evidence that is both scientific and reasonable and in line with China’s basic national conditions. .