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2010年,最高人民法院、最高人民检察院、公安部、国家安全部和司法部等五院部联合发布《关于办理死刑案件审查判断证据若干问题的规定》和《关于办理刑事案件排除非法证据若干问题的规定》(以下简称两个证据规定),无庸讳言,潜隐于两个规定背后的,是两院三部对于近年来曝光于公众视线后反映出的刑事案件质量问题的担忧和焦虑,这也昭示着两院三部以适应中国国情、回应社会需求以及响应执政党政治倡导为主旨的司法取向。本文旨在对公诉部门执行两个证据规定中遇到的制约及具体问题进行研究分析,期翼能对检察实务及诉讼实践有所裨益。
In 2010, the Supreme People’s Court, the Supreme People’s Procuratorate, the Ministry of Public Security, the Ministry of National Security and the Ministry of Justice and other five departments jointly issued “on the handling of death penalty cases to determine the evidence to determine a number of issues” and "on handling criminal cases excluding illegal evidence, a number of issues (Hereinafter referred to as the two evidentiary provisions). Needless to say, behind the two provisions are the concerns and anxieties of the two chambers and three concerning the quality of criminal cases that have been reflected in the public eye in recent years. This It also shows the judicial orientation of the three houses of the two houses in response to China’s national conditions, responding to social needs and responding to the political advocacy of the ruling party. The purpose of this paper is to study and analyze the constraints and specific problems encountered by the prosecutorial departments in implementing the two evidentiary provisions. The purpose of this paper is to benefit procuratorial practice and litigation practice.