对被告人、犯罪嫌疑人口供笔录的“自愿性”认定属于证据能力的判断,从而归结为证据的采纳问题。从效率优先、兼顾公平的原则出发,就目前我国没有预先审查程序的司法现状而言,控辩双方可在法官主持下,进行证据开示,由法官对证据资格问题进行事先审查,以作出是否采纳的判断,将那些一看就明了的不具有证据能力的证据堵截在法庭之外。 Defendants, the suspect population for the record of the “voluntary” that belongs to the judgment of the ability to evidence, and thus boiled down to the issue of the adoption of evidence. Proceeding from the principle of giving priority to efficiency and giving consideration to fairness, both the prosecutor and the prosecutor may, under the presiding authority of the judge, conduct a demonstration of evidence regarding the judicial status quo that there is no pre-censorship procedure in our country. The judge prequalifies the evidence qualification issue to make a judgment as to whether Adopted judgments that at a glance do not have the evidence to prove the evidence intercepted outside the court.