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非法证据排除规则最重要的是保障在整个刑事案件侦查审判过程中犯罪嫌疑人、被告人的人权。我国虽然也有非法证据排除规则,但却存在诸多问题,使得规则无法真正发挥其作用。2010年五部委两个“证据规定”出台后,很大程度上改变了这种现状,进一步完善了我国刑事诉讼制度。本文旨在通过讨论新的证据规则的变化,发现其进步与不足,为我国非法证据排除规则的完善提供理论参考。
The most important thing for the rule of exclusion of illegal evidence is to guarantee the human rights of criminal suspects and defendants during the entire criminal investigation process. Although there are illegal rules of exclusionary evidence in our country, there are still many problems that make the rules can not really play its role. After the promulgation of two “Provisions of Evidence” issued by five ministries and commissions in 2010, this situation has been greatly changed and the criminal procedure system in our country has been further perfected. The purpose of this paper is to find its progress and deficiency by discussing the changes of the new rules of evidence, and to provide a theoretical reference for the perfection of the rule of exclusion of illegal evidence in our country.