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我国在2012年修改新刑事诉讼法时也引入了非法证据排除规则和不被强迫自证其罪原则,但是,与国际社会的通行做法相差甚远,对非法证据的内涵界定不明确,非法证据排除的动议权在检察院和法院,对辩护方的程序性权利过分限制,建议在下一次修改刑事诉讼法时,规定律师在场权,设立公共律师值班制度;规定被告人、辩护人、附带民事案件的两方当事人和被非法取证所侵害的其他受害人提出排除非法证据的动议权;将不被强迫自证其罪的保障人权原则写入宪法和刑诉法第一章。
When China amended the new Code of Criminal Procedure in 2012, it also introduced the principle of exclusion of illegal evidence and the principle of non-compulsion to self-incrimination. However, there was a long way to go before the passage of the international community, and the definition of illegal evidence was not clear and illegitimate The right to remove the right to prosecute Procuratorate and the court, procedural rights of the defense is too restrictive, it is proposed that the next revision of the Code of Criminal Procedure, the right to present the lawyer, the establishment of public lawyer on duty system; the provisions of the defendant, the defender, incidental civil case two Parties and other victims of illegal forensics to move the right to remove illegal evidence; the principle of the protection of human rights not to be forced to self-incrimination into the Constitution and the first chapter of the Code of Criminal Procedure.