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受限于刑事侦查技术水平及重口供、轻证据的办案思维,在刑事诉讼活动中,办案人员往往高度依赖口供,侦查人员为获取被告人口供,往往采取刑讯等非法取证行为,强制被告人作出不利于自己的供述。非法取证是冤假错案发生的重要因素之一。非法证据排除规则的引入,是保障人权,防范冤假错案的重要制度保证。《关于办理刑事案件排除非法证据若干问题的规定》于2010年7月1日颁布实施,在立法上正式确认非法证据排除的概念。五部委于2017年6月27日发布并施行的《关于办理刑事案件严格排除非法证据若干问题的规定》则系统性的规定了非法证据排除程序。充分掌握和理解非法证据排除规则是司法适用者极其重要的任务,而启动非法证据排除程序又系适用之源。立足法律规范,明确如何启动非法证据排除程序是作者的行文初衷。
Due to the technical level of criminal investigation and handling of counterfactual evidence, in the criminal litigation activities, investigators often rely heavily on confessions. In order to obtain the testimony of the accused, investigators often resort to torture and other illegal forensics to force the accused to make Not conducive to their own confession. Unlawful forensics is one of the important factors in the unjust misconduct. The introduction of the rule of exclusion of illegal evidence is an important institutional guarantee for safeguarding human rights and preventing unjustly false and wrong cases. The “Provisions on Several Issues Concerning the Handling of Illegal Evidence in Criminal Cases” were promulgated on July 1, 2010, and the concept of exclusion of illegality was officially confirmed in the legislation. The “Provisions on Several Issues Concerning the Strict Suppression of Illegal Evidence in Criminal Cases” promulgated and implemented by five ministries and commissions on June 27, 2017 systematically set out the procedures for excluding illegal evidence. To fully understand and understand the rules of exclusion of illegal evidences is an extremely important task for the judicial applicants, and the procedure of initiating the exclusion of illegal evidence is the source of its application. Based on legal norms, it is the author’s original intention to clarify how to start the process of excluding illegal evidence.