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现代刑事诉讼法主要奉行证据裁判原则,以非法的手段收集的证据不能作为认定案件事实的依据。我国先后出台了《关于办理死刑案件审查判断证据若干问题的规定》、《关于办理刑事案件排除非法证据若干问题的规定》和2013年开始施行的修正后《刑事诉讼法》及其司法解释,都对非法证据作了相关规定,以规范司法实践中搜集证据行为,保障当事人合法权益。但是,实践中违反法律、侵犯人权的取证行为屡禁不止,因非法证据的适用而导致的冤假错案也时有发生。为了能实现刑事诉讼目的,真正做到惩治犯罪与保障人权,就必须认真落实非法证据排除规则,排除非法证据的适用,这也就迫切需要研究明确非法证据的证明责任。
The modern criminal procedure law mainly adheres to the principle of evidence adjudication. The evidence collected by illegal means can not be used as the basis for determining the facts of a case. China has successively promulgated the Provisions on Some Issues Concerning the Evidence in Handling Death Penalty Cases, the Provisions on Handling Certain Issues in Illegal Evidence in Criminal Cases and the amended Criminal Procedure Law and its judicial interpretation since 2013 Made relevant provisions on illegal evidence in order to standardize the collection of evidence in judicial practice and protect the legitimate rights and interests of litigants. However, in practice, there have been repeated acts of obtaining evidence that violate the law and violate human rights. Cases of unjust misconduct caused by the application of illegal evidence have also occurred from time to time. In order to achieve the goal of criminal proceedings and truly punish crime and safeguard human rights, we must conscientiously implement the rule of exclusion of illegal evidence to rule out the application of illegal evidence, which also urgently needs to be studied to clarify the burden of proof of unlawful evidence.