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法律要求控辩双方分担非法证据的证明责任和设置不同的证明标准具有理论依据,符合实践现状。辩护方提供线索或证据须满足供述合法性“有疑问”之标准,法庭可提供必要支持。控诉方提交讯问笔录和情况说明、播放录音录像片段以求证明供述合法,在证明力方面存在缺陷。应当通过强化办案人员职业道德培训、优化侦查讯问录音录像制度、试行律师在场机制、规范警察出庭作证制度等配套措施来保障非法证据证明责任的履行。
The law requires that both the prosecution and the defense share the burden of proof and the different proof standards for setting up illegal evidence, which are in line with the actual status quo. The defense may provide the necessary support by providing clues or evidence that satisfy the challenge of the validity of the confession “In doubt ”. The complaining party submits transcripts of transcripts and briefings, plays audio and video clips in order to prove that the confession is legal, and has a defect in proving power. It is necessary to safeguard the performance of the burden of proof by illegally supporting such measures as strengthening professional ethics training of investigators, optimizing the system of recording and interrogating audio-video recordings, piloting the presence of lawyers and standardizing the system of police testifying in court.