对非法取得的口供是否赋予其证据能力,是否被允许进入审判程序在法庭上作为证据提出并作为对被告人定罪量刑的依据,是一个涉及刑事诉讼价值的问题,而这个问题正是贯穿刑事诉讼活动始终的控制犯罪与程序正义的冲突问题、保障人权与维护安全的平衡问题。如果不具有证据能力的口供能在诉讼程序中一路绿灯,对查明案件事实、有效惩治犯罪的作用是不言而喻的,但这种作用是建立在漠视公民基本权利和损毁国家法律秩序基础上 It is a question concerning the value of criminal procedure that whether the confession obtained illegally conferred on the evidence ability and whether it is allowed to enter the trial procedure as evidence in the court and as the basis for the conviction and sentencing of the defendant is just a matter that runs through the criminal procedure Activities always control the conflict between conflict of justice and procedural justice, guaranteeing the balance between human rights and safeguarding security. If unsubstantiated oral confession can be a green light in the proceedings, it is self-evident that the crime facts can be effectively punished for identifying the facts of the case. However, this role is based on ignoring the fundamental rights of citizens and damaging the legal order of the country on