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瑕疵证据制度是证据制度的重要组成部分。“两个证据规定”对瑕疵证据的规定引发了学界对瑕疵证据的热议。瑕疵证据是介于合法证据与非法证据之间的证据,其解决的主要是证据能力问题,因此,我们应该从证据的三个属性来考察瑕疵证据。现阶段,规定瑕疵证据的可补正的排除规则比较科学和务实,但我们也应该努力减少瑕疵证据,提高证据的质量,揭露案件事实,从而实现保障人权,树立司法权威的目的。
Defective evidence system is an important part of the evidence system. “Provisions of the two evidences ” provisions of the evidence of flaw caused the academic hot flaws evidence. Defective evidence is the evidence between legal evidence and illegal evidence. The solution lies mainly in the ability of evidence. Therefore, we should examine the evidence of defects from the three attributes of evidence. At this stage, the correct rules of exclusion that provide evidence of defects are more scientific and pragmatic. However, we should also make efforts to reduce the evidence of defects, improve the quality of evidence and expose the facts of the case so as to achieve the goal of safeguarding human rights and establishing judicial authority.