论刑事诉讼中的非法证据排除规则

On the Rule of Excluding Illegally-obtained Evidence in Criminal Lawsuit

刑事诉讼中的非法证据排除规则的功能是在惩治犯罪的同时,最大限度地保护人权,对侦察机关的取证行为加以约束。通过论述非法证据排除规则在中国的立法现状和司法实践,分析非法证据排除规则在实施中面临的障碍,进而提出建立非法证据排除规则和相关制度的立法构想。

<Abstrcat>The major function of the rule of excluding illegally obtained evidence is to impose constraints on the evidence-obtained activities of criminal investigation authorities in order to protect, to the maximum extent, human rights, while guaranteeing that crimes are prosecuted. This article examines the legislative and judicial practice in China with regard to excluding illegally-obtained evidence and analyzes the primary barriers retarding the establishment and implementation of such a rule in China. Finally it proposes a framework by establishing the rule of excluding illegally-obtained evidence and the associated institution in China.