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我国侦查实践中的调取证据是一项独立的、具备干预性的强制处分措施。调取证据措施之所以具有上述性质,与侦查机关对《刑事诉讼法》的误读密切相关。这种误读违背体系解释,有违法明确性原则,不利证据排除。应将现有的调取证据措施整合进扣押措施,使之成为提出命令式的扣押,在此基础上,应进一步平衡查明事实和人权保障之间的关系,对扣押措施的运用做出相应的限制。
Evidence collection in investigation practice in our country is an independent and intervening compulsory disposal measure. The reason why the evidence collection measures have the above-mentioned characteristics is closely related to the misunderstanding of the Criminal Procedure Law by the investigation organ. This misunderstanding breaches the system of interpretation, the principle of illegality of the law, adverse evidence excluded. The existing evidence-gathering measures should be integrated into the seizure measures to make it an imperative seizure. On this basis, the relationship between the facts and the protection of human rights should be further balanced and the application of seizure measures should be made accordingly limits.