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我国目前在刑事司法中还没有确立非法证据排除规则,更缺乏相关的程序保障。确立非法证据排除规则应立足我国国情,借鉴国外经验,分阶段循序渐进。修订后的律师法对辩护律师诉讼权利的完善,对非法证据排除规则的确立起到了推动作用。当前应通过修改刑事诉讼法,正式确立非法证据排除规则,并配套制定司法解释,具体规定排除非法证据的操作程序。
At present, China has not established the rule of exclusion of illegal evidence in criminal justice and lacks relevant procedural safeguards. The establishment of illegal evidence exclusion rules should be based on China’s national conditions, learn from foreign experience, step by step in stages. The amendment of the lawyer’s law on the improvement of defense lawyer’s litigation rights has played a catalytic role in establishing the rule of excluding illegal evidence. At present, the Criminal Procedure Law should be amended to formally establish rules for the exclusion of illegal evidence and to formulate judicial interpretations and specify the operating procedures for excluding illegal evidence.