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众所周知,证据是刑事诉讼的灵魂所在,也是司法机关需要主要处理的争议所在。非法证据的排除因为涉及被追诉人的主体地位和根本权利而备受关注。因此,非法证据排除规则是与目前司改“审判中心主义”相呼应,对于建立合理的刑事诉讼构造有着举足轻重的作用。笔者结合刑事辩护工作,从刑事辩护律师的角度,对“两高三部”颁布的《关于办理刑事案件严格排除非法证据若干问题的规定》谈谈自己的理解。
As we all know, evidence is the soul of criminal proceedings, but also the controversy that the judiciary needs to deal with mainly. The exclusion of illegal evidence has drawn much attention because it involves the subject’s status and fundamental rights of the person being prosecuted. Therefore, the rule of exclusion of illegal evidence is in accordance with the current “reform of judicial review system” and plays a decisive role in establishing reasonable structure of criminal proceedings. The author combines the work of criminal defense, from the perspective of criminal defense lawyers, on the “two highs and three” promulgated the “on handling criminal cases strictly exclude the provisions of a number of illegal evidence,” to talk about their own understanding.