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本文所称的非法证据,是指有权调查收集证据的公安司法官员违反法定程序,使用违法手段获取的证据。关于违法收集的证据能否作为证据使用的问题,在世界各国刑事诉讼中争议颇多。然而,随着诉讼文明的发展进步和人权保障意识的增强,各国对非法证据危害性的认识日趋深刻,并相继确立了非法证据排除规则。非法证据排除规则(ExcluSionary Rule of Illegally Obtained Evi-
The term “illegal evidence” as mentioned in this article refers to the evidence that the public security judicial officials who have the power to investigate and collect evidence violate legal procedures and use unlawful means to obtain them. On the illegal collection of evidence can be used as evidence in the issue of criminal proceedings in many countries in the world controversial. However, with the development of litigation civilization and the increasing awareness of the protection of human rights, all countries have become increasingly aware of the dangers of illegal evidence and have successively established the rules for the exclusion of illegal evidence. ExcluSionary Rule of Illegally Obtained Evi-