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目前而言,如何确定检察机关探寻非法证据的存在途径,新刑事诉讼法和刑事诉讼规则都没有做具体要求。实践中,如何能够练就火眼金睛,及时发现非法证据的身影,这是令检察办案部门十分困扰的问题。本文认为出现问题并不可怕,关键还是要开动脑筋想办法解决问题,新刑事诉讼法实施已经2年,一些基层院已经进行有益的探索和尝试,只有善于总结经验教训,完善体制机制,才能确保检察机关非法证据排除取得实效。
At present, how to determine the existence of prosecutors to explore the existence of illegal evidence, the new Code of Criminal Procedure and Criminal Procedure did not make specific requirements. In practice, how to train the eye and find the evidence of illegal evidence in a timely manner is a problem that puzzles the procuratorial and handling departments. This article holds that the emergence of problems is not terrible. The crux of the matter is to find a way to solve the problems. The implementation of the new Criminal Procedure Law has been implemented for 2 years. Some grassroots units have conducted useful explorations and attempts. Only when they are good at summing up experiences and lessons and improving institutional mechanisms can they ensure that Prosecutorial agencies exclude illegal evidence to be effective.