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新刑诉法中对非法证据的界定范围已有明确规定,包括非法言词证据与非法实物证据。我国刑事诉讼法范围内,有一项热门问题便是非法证据的排除。但是在众多热切的讨论过程中,更多的人所关注的还是此项制度在我国到底有否被确立,而没能将重点放在一些具体问题的解决上,像是非法取证的主体、犯罪嫌疑人与被告人的各种有利证据等等,这些种种问题都包含了非法证据的涵盖范围,这也造成对于这些问题需要进行深入全面的探究。文中阐述了刑事非法证据的认定范围,并且对我国合理化刑事诉讼的范围提出了几点建议。
The scope of the definition of illegal evidence in the new Criminal Procedure Law has been clearly defined, including both illegal rhetoric and illegal physical evidence. One of the hot issues in the context of our criminal procedure law is the exclusion of illegitimate evidence. However, in many eager discussions, more people are still concerned about whether this system has been established in our country and failed to focus on the solution of some specific issues, such as the subject of illegal evidence collection, crime Suspects and accused of all kinds of favorable evidence, etc., these issues include the scope of the coverage of illegal evidence, which also led to these issues need to conduct an in-depth and comprehensive exploration. The article expounds the scope of the identification of criminal illegal evidence, and puts forward some suggestions on the rationalization of the scope of criminal proceedings in our country.