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建立非法证据排除规则不仅是保障人权、维护法治尊严的需要,而且还可以发现案件实体真实。由于我国还没有统一的证据法,因此证据排除规则是在不同的法律规范中规定的,再加上刑事诉讼和民事诉讼的不同性质,证据排除规则在我国刑诉法和民诉法中的内容也是有区别的。我国立法应在借鉴其他国家或地区经验的基础上,选择适宜我国的非法证据排除模式,这是完善我国诉讼立法和证据立法的重要内容。
Establishing rules for the exclusion of illegal evidence not only guarantees the protection of human rights and the dignity of the rule of law, but also reveals the truth of the case. Due to the fact that there is no unified evidence law in our country, the rule of evidence exclusion is stipulated in different legal norms. In addition, the different nature of criminal lawsuit and civil lawsuit, the rule of evidence exclusion in our Criminal Procedure Law and Civil Procedure Law is also different. Our country’s legislation should draw lessons from the experiences of other countries or regions and choose the right-to-rule model of illegal evidence in our country. This is an important part of perfecting legislation and evidence lawsuit in our country.