试论审查起诉环节对证据合法性的审查

On Reviewing the Legality of Evidence in the Process of Examination and Prosecution

近年来,随着尊重和保障人权的司法理念深入人心,以刑讯逼供等方式非法取证现象虽有明显改善,但实践中仍在很大范围内存在非法取证现象,造成这种现象的原因是深层次和多方面的。对证据的合法性进行审查是检察机关审查起诉工作中的重中之重,其对于排除非法证据、保证案件质量、防范冤假错案以及维护当事人的合法权益等方面具有重要的现实意义。

With the judicial concept of respecting and protecting human rights widely accepted by the people in recent years, illegally collecting evidence by torturing or other ways has become less and less, but still exists. There are deep level and various reasons. Review the legality of evidence is the most important task for the procuratorial organs since it has great significance to exclude illegal evidence, ensure the quality of the case, prevent wrongful convictions, and to protect the legitimate rights and interests of the parties.