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《非法证据排除规定》建构起了中国式非法言词证据排除规则,其中的许多规定堪称中国刑事证据立法的重大突破,被官方寄予厚望。但考虑到规则自身的不完善、配套制度建构的困难以及来自观念、体制等宏观层面的障碍,规则适用的前景不容乐观,很可能出现非法言词证据排除的不能。
The Provisions on the Exclusion of Illegal Evidence build up the rules for the exclusion of Chinese-style illegitimate evidence, many of which are the major breakthroughs in the legislation of criminal evidence in China and have been put high hopes by the authorities. However, taking into account the imperfections of the rules themselves, difficulties in supporting the system construction, and obstacles at the macroscopic level such as concepts and institutions, the prospective application of the rules is not optimistic and the evidence of illegal words may not be excluded.