浅谈审查批捕中的非法证据排除

Talking About the Illegal Evidence During the Examined Arrest

非法证据排除规则对于保障人权,促进侦查机关合法取证至关重要。对现行审查批捕,应从立法上、程序上完善非法证据排除制度,依据法理和法律的规定对有关证据予以审查排除,从而保证程序公正和实体公正。

The rule of Exclusion of illegal evidence plays a key role in protecting human rights and promoting the investigation organ obtain legal evidence. The Exclusion of illegal evidence should be improved form legislation and procedure during the examined arrest. The evidence should be eliminated corroding to the theory and law and ensure the procedure and substantive justice.