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新刑事诉讼法确立了非法言词证据绝对排除规则,现阶段侦查讯问中仍存在非法取证问题,过于依赖口供,侦查手段单一,给认定犯罪带来严重挑战。文章建议规范讯问、加强公诉部门对侦查部门的引导取证,改变从供到证的侦查模式,建立对同步录音录像的制约机制,加强对侦查人员出庭培训,增强证据可采性。
The new Code of Criminal Procedure establishes the rule of absolute exclusion of illegitimate evidence. At the present stage, there still exist illegal evidence collection in interrogation and investigation. Overdependence on confessions and the single means of investigation have posed serious challenges to the identification of crimes. The paper suggests to standardize interrogation, strengthen the prosecution department to guide the forensics departments to investigate, change from the provision of evidence to the investigation mode, the establishment of simultaneous recording and control of the recording mechanism to enhance the investigators attend court training and enhance the admissibility of evidence.