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2012年修订的刑事诉讼法第54条至58条新增了非法证据排除规则的规定。该规则在切实保障刑事诉讼当事人基本权利、有效遏制刑讯逼供等暴力取证行为、预防和减少寃假错案的发生、规范司法行为等方面发挥了积极作用。在几年来的司法运行中,相关人员对规则存在认知误区、排除标准具有一定模糊性、排除效力受限于办案期限等问题影响了制度功能的发挥。有必要对上述实践难题进行解析并提出应对,以更完整实现规则的价值。
Articles 54 to 58 of the Code of Criminal Procedure, revised in 2012, added the new rule on the exclusion of unlawful evidence. This rule has played a positive role in effectively protecting the basic rights of parties involved in criminal proceedings, effectively deterring acts of violence and evidence collection such as forced abduction by torture, preventing and reducing the incidence of unjust and wrongful cases, and standardizing judicial acts. In the past few years of judicial operation, relevant personnel have some misunderstandings on the rules, the exclusionary standards have a certain ambiguity, the exclusion of effectiveness is limited by the duration of the case and other issues that affect the function of the system. It is necessary to analyze and respond to the above practical problems in order to achieve a more complete value of the rules.