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本文以非法证据排除制度为样本,对2012年刑事诉讼法修改后证据制度的发展和变革作了梳理,讨论了为规范司法机关诉讼活动,保障公民基本权利,在充分考虑中外法律传统、诉讼模式等方面差异,充分考虑国情并借鉴外国先进经验的基础上确立非法证据排除制度时的考量因素。非法证据排除制度的建立,体现了我国刑事证据制度从以逻辑推演规则为基础的制度体系向以价值考量为依据的程序规则体系的演进。不仅非法证据排除制度如此,关于证据概念、举证责任、证人保护、证人出庭等的修改也体现了这一特色。由此带来的观念变化也为我国确立更加健全的程序规则起到了促进作用。
This article takes the system of exclusionary evidence as a sample to sort out the development and transformation of the evidence system after the revision of the criminal procedure law in 2012. The article discusses that in order to standardize the litigation activities of the judicial organs and protect the basic rights of citizens and give full consideration to Chinese and foreign legal traditions and litigation modes And other factors, take into full consideration of national conditions and learn from foreign advanced experience based on the establishment of illegal evidence exclusion system considerations. The establishment of the exclusionary system of illegal evidence shows that the system of criminal evidence in our country evolves from an institutional system based on logical deduction rules to a system of procedural rules based on value considerations. Not only the system of exclusion of illegal evidence, but also the modification of the concept of evidence, the burden of proof, the protection of witnesses and the appearance of witnesses. The resulting changes in perception have also contributed to the establishment of more sound procedural rules in our country.