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检察机关排除非法证据的启动程序作为整个非法证据排除规则的前提和基础,是非法证据排除规则得以有效施行的关键环节,理应受到充分重视。然而,长期以来,理论研究和司法、立法实践都倾向于关注非法证据的范围、排除审查决定程序等,对于非法证据排除规则启动程序着墨甚少。从启动主体、启动条件及方式、权利保障等角度全面认识和研究非法证据排除的启动程序,对于促进整个非法证据排除规则的有效适用,提高检察机关证据审查工作的效率及质量都有显著的积极意义。
As a prerequisite and basis for the rule of exclusion of illegal evidence as a whole, the procuratorial organs’ procedures for excluding illegal evidence are the key links that effectively rule out the exclusion of illegal evidence and deserve due attention. However, for a long time, theoretical research, judicial and legislative practice all tend to focus on the scope of illegal evidence, and exclude the examination and decision procedure. There is little research on the procedure for initiating the rule of exclusion of illegal evidence. The starting process of comprehensively understanding and studying the exclusion of illegal evidence from the perspectives of starting the subject, starting conditions and methods, and ensuring rights, etc., has a marked positive effect on promoting the effective application of the rule of exclusion of the entire illegal evidence and improving the efficiency and quality of the evidence review conducted by the procuratorial organs significance.