非法证据排除规则要论

On Several Issues of the Exclusionary Rules of Illegally obtained Evidence

在我国近几年的证据立法讨论中,非法证据排除规则至今没有得到具体落实。究其原因,恐怕还在于人们对非法证据排除规则的价值认识有误,以及随之带来的对非法证据排除规则适用后果的恐惧。要在中国确立和实施非法证据排除规则,首先应当排除影响这一制度确立的非理性因素。既然刑事诉讼的程序正义是一种不完善的程序正义,非法证据排除规则所要求的排除非法获得的证据就是一个文明的法治社会为支持程序正义理想所要付出的代价。确立非法证据排除规则在我国已经是势所必然,是我国刑事诉讼走向法治化和现代化的必由之路。

As the development of research on evidence law, the exclusionary rules of illegally obtained evidence have made a notable influence on theory of evidence law in China. But for some reason, the rules have not been established in China's legal system. The exclusionary rules of illegally obtained evidence have been established in many other countries to remedy violations of citizens' constitutional r ights. The establishing of the rules in China's legal system is necessary though much of the debate has centered upon the issue in more recent years. The establishing of the rules would provide a more powerful remedy for citizens in China's criminal process.