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宪法修正案规定的“国家尊重和保障人权”为我国人权保障事业的发展提供了新的宪法基础。然而,这仅是一个宣示性的原则规定,并未涉及人权的具体内容。因此它还有赖于各部门法的具体规则的配套实施,才能实现其预定的价值目标。诉讼法中的非法证据排除规则,是一个具有人权保障价值的证据规则。而我国现行诉讼法并未确立该规则,已导致了我国诉讼中漠视人权、侵犯人权现象较为普遍的恶果。所以,在修改诉讼法时,明确设置非法证据排除规则,既是完善诉讼法自身的需要,也是落实“国家尊重和保障人权”的宪法原则的需要。
The constitutional amendment stipulates that “the state respects and safeguards human rights” and provides a new constitutional foundation for the development of the cause of safeguarding human rights in our country. However, this is only a declaratory principle and does not deal with the specific content of human rights. Therefore, it also depends on the implementation of the specific rules of various departments and laws in order to achieve its intended value goal. The rule of exclusion of illegal evidence in the procedural law is an evidentiary rule with human rights protection value. However, the current procedural law in our country does not establish the rule, which has led to the consequences of ignoring human rights and violating human rights in our litigation. Therefore, when the procedural law is amended, it is necessary to set clear rules for the exclusion of illegal evidence, not only to perfect the procedural law itself, but also to implement the constitutional principle of “the state respects and guarantees human rights.”