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刑事法律的核心价值之一便是保障犯罪嫌疑人免受执法机关滥用职权之害。自从国家权力将惩治犯罪的职能收归己有之后,社会防治犯罪的效率固然大有提升,但在面对庞大无比的利维坦朝自己张牙舞爪之时,作为区区一介草民却也变得异常无力。于是,为了平衡控辩双方的力量,刑事诉讼当中需要加入对抗权力滥用的程序设置。如非法证据排除规则、无罪推定原则等等。其中关于非法证据应否排除的问题涉及刑事诉讼诸多核心理念之间的矛盾冲突,是研究刑事诉讼基本原则的绝佳入口。本文拟从非法证据排除规则的内容出发,转而从比较法视角研究本规则的应用现状,最后探究本规则在我国的适用现状及发展可能。
One of the core values of criminal law is to protect criminal suspects from abuse of power by law enforcement agencies. Since the function of state power to punish crime has been put to an end, the efficiency of social crime prevention has greatly improved. However, in the face of the immense livientism, . Therefore, in order to balance the power of both prosecutors and defense, it is necessary to include procedures for countering the abuse of power in criminal proceedings. Such as the rule of illegal evidence exclusion, the principle of presumption of innocence and so on. Among them, the question whether the illegal evidence should be excluded involves the conflicts and conflicts among many core concepts of criminal procedure and is an excellent entrance for studying the basic principles of criminal procedure. This article intends to proceed from the content of the exclusionary rule of illegal evidence, and then studies the application status of this rule from the perspective of comparative law. Finally, it explores the status quo and development possibility of this rule in our country.