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规范口供与人权保障有着内在的逻辑关系,不仅口供的任意性与保障人权高度契合,依法定程序和方式获取口供也是人权保障的具体体现。由于对刑事被追诉人的人权保障理念普及不足、司法实务机关“口供中心主义”依然旧疾未除等原因,以2012《刑事诉讼法》为代表的人权司法保障体系制度的设置尚没有能够全面达到人权保障的效果。应通过明确非法证据排除的标准、规范审讯时间和地点、严格同步录音录像制度、加强对加害者的惩罚等方面规范口供的获取方式,并通过检察机关、法院、律师等多方面的监督达到对口供适用的控制,以此达到全面保障刑事被追诉人人权的司法价值。
There is an inherent logical relationship between normative oral confession and the guarantee of human rights. Not only the arbitrariness of confession and the protection of human rights are highly consistent, but also the confession of confession by legal procedures and methods is also a concrete manifestation of the guarantee of human rights. Due to the insufficient popularization of the concept of human rights protection for the criminal prosecutors and the fact that the judiciary and judicial authorities are still not old, the system of judicial system of human rights represented by the 2012 Criminal Procedure Law has not been set yet To fully achieve the effect of human rights protection. The system of obtaining confessions by standardizing confessions should be standardized by clarifying the criteria for exclusion of illegally obtained evidence, regulating the time and place of interrogation, strictly synchronizing the system of audio and video recording, and strengthening penalties for the perpetrators, etc., and through the supervision of procuratorial organs, courts and lawyers, etc. To provide adequate control over the prosecution in order to achieve the full protection of the judicial value of the human rights of criminal prosecutors.