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秘密侦查所获取的证据具有秘密性特征。现阶段立法上的空白、与公开质证的相冲突都令其处于尴尬的境地。参考域外经验,可通过完善立法和质证程序的完善来实现秘密侦查证据的有效采信。
The evidence obtained by the secret investigation has the characteristics of confidentiality. At this stage of the legislative gaps, and the confrontation with the public testimony have made it in an awkward position. With reference to extraterritorial experience, effective collection and verification of evidence from clandestine investigations can be achieved by improving the perfection of the legislation and the procedure of cross-examination.