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在审查起诉阶段进行非法证据排除,与我国检察机关依法行使公诉权和承担监督的职能相适应,并且对尽早发现和纠正违法的侦查行为,维护犯罪嫌疑人合法利益,强化侦查监督职能,防止出现冤假错案具有深远的意义。司法实践中,因为理解上的争议性或司法实践的惯性做法,审查起诉阶段进行非法证据排除被办案部门消极抵制。然而,与审判阶段排除非法证据相比较,审查起诉阶段具有其不可比拟的优势。文章认为通过制定和完善符合我国审查起诉阶段非法证据排除制度,使公诉部门在审查起诉环节排除非法证据达到《刑事诉讼法》的要求,用程序正义和制度完善来保障实体公正的实现。
Excluding illegal evidence during the stage of prosecution and prosecution is in line with the procuratorial organs’ exercise of the right of public prosecution and oversight in accordance with the law. It also seeks to detect and rectify illegal acts as early as possible, protects the legitimate interests of criminal suspects, and strengthens the functions of investigation and supervision, Unjust falsehood has far-reaching significance. Judicial practice, because of the controversial or judicial practice of understanding the inertia of the prosecution phase of the prosecution to eliminate illegal evidence was negatively opposed by the case-handling department. However, compared with excluding illegal evidence in the trial stage, the review and prosecution phase has its incomparable advantages. The article believes that by formulating and perfecting the exclusionary system of illegal evidences in line with the stage of our country’s prosecution and prosecution, the public prosecution department can eliminate the illegal evidence in the examination and prosecution to meet the requirements of the Code of Criminal Procedure, and ensure the fair realization of the entity with procedural justice and system perfection.