论刑事非法证据排除规则的建立和完善

On the Establishing and Perfecting of the Elimination Rules of Criminal Illegal Evidence

非法证据,是指法律授权的侦查、检察、审判人员违反《刑事诉讼法》规定的制度和程序所取得的刑事证据。非法证据的存在,不利于诉讼民主和司法公正的实现,因此,排除非法证据已成为各国刑事诉讼的通行法则。建立和完善我国刑事非法证据排除规则势在必行。

Illegal evidence means the criminal evidence got by investigators,public procuratiors and judicial officers authorized by law who violate the rules and procedure stipulated in Code of Criminal Procedure.The existence of illegeal evidence isn't helpful to the realization of lawsuit democracy and judicial just.So eliminatiing illegeal evidence has become the general rules of criminal procedure thougout the world.It is imperative to establish and perfect the elimination rules of criminal illegal evidence.