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现代文明法治社会背景下,尊重和保障人权越来越受到人们的关注和重视,非法证据排除规则作为程序性违法制裁方式的重要方法之一,对促进程序法的实施和发展有着不可取代的重要作用,同时对保护公民基本权利、惩罚违宪侵权行为亦有不可忽视的存在价值。但其在司法实践中显露的不足与缺陷,阻却了其本身与程序法的发展和实施,建立更加完善的非法证据排除规则势在必行。
Under the background of modern civilized society under the rule of law, respecting and safeguarding human rights has drawn more and more attention and attention from the people. As one of the important methods of procedural illegal sanctions, the rule of excluding illegal evidences is irreplaceable for promoting the implementation and development of procedural law Role, at the same time to protect the basic rights of citizens, punishment of unconstitutional violations also have value that can not be ignored. However, its inadequacies and deficiencies exposed in judicial practice have hindered the development and implementation of itself and the procedural law, and it is imperative to establish a more complete rule of illegal evidence exclusion.