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非法证据排除规则具有保障人权、实现程序正义、维护宪法权威和社会整体利益的基本价值,在建构非法证据排除规则时,除应注重其基本价值外,更应该认识到其价值冲突,以便根据本国情况决定排除模式的选择。本文试从以上角度对非法证据排除规则作理性的价值分析,从而为我国设置兼顾各种价值的非法证据排除规则提供模式选择。
The rule of excluding illegal evidences has the basic values of safeguarding human rights, realizing procedural justice, safeguarding the constitutional authority and the interests of society as a whole. In constructing the rule of excluding illegal evidences, in addition to paying attention to its basic value, it should recognize its value conflicts so that according to its own country The situation decided to exclude the choice of mode. This article tries to make rational value analysis on the rule of exclusion of illegal evidence from the above point of view, so as to provide a model choice for our country to set up rule of exclusion of illegal evidence that balances various values.