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非法证据排除规则在我国新刑事诉讼法得到完全确立,并且配套颁布了具体的操作程序,使之更具有司法操作性。然而,刑事诉讼法主要是针对庭审阶段非法证据排除程序进行了比较详细的规制,对侦查阶段却未过多涉及,非法证据排除规则一个重要目的是就是规制刑讯逼供等非法侦查行为。本文就是试图就完善侦查阶段非法证据排除程序进行浅薄的探讨。
The exclusionary rules of illegal evidence are completely established in our country’s new criminal procedure law, and have promulgated specific operational procedures to make it more judicial operation. However, the criminal procedural law mainly deals with the more detailed regulation of the procedure of exclusion of illegal evidence during the trial stage, but not too much for the investigation stage. An important purpose of the exclusionary rule of illegal evidence is to regulate the illegal investigation of torture. This article is trying to improve the investigation phase of illegal evidence exclusion procedures for shallow discussion.