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从世界的视角看,“可采性”正逐渐成为各国刑事证据法的核心理念,“确立有限度的程序性裁判机制”也逐渐成为各国刑事证据法的实现方式,“彰显程序正义价值和证据法规则独立性价值”正渐趋成为各国刑事证据法理论的研究取向。然而,我国刑事证据法的立法、实务及研究却均存在着不同程度的缺陷,亟需反思。
From the perspective of the world, “admissibility ” is gradually becoming the core concept of criminal evidence law in various countries. “The establishment of a limited procedural arbitration mechanism ” has also gradually become the way of realizing the criminal law of evidence in various countries, " The value of procedural justice and the value of independence of evidence law are gradually becoming the research orientation of the theory of criminal evidence law in various countries. However, there are some defects in the legislation, practice and research of criminal evidence law in our country, and it is urgent to reconsider.