司法解释中的“非法证据排除规则”被“虚置”的成因分析

Analysis to the Reason Why the Exclusive Rule of Illegal Obtained Evidence is Illusory

非法证据排除规则尽管以司法解释的形式被确立在中国的刑事诉讼之中,但这一规则在司法实践中却处于名存实亡的尴尬状态。在重新构建“中国式”的非法证据排除规则之前,有必要对该规则被“虚置”的根本原因进行深入揭示。

Although exclusive rule of illegal obtained evidence was confirmed in the criminal procedure in China by judicial interpretation, but this rule existed in judicial practice in an embarrassing form. It is necessary to discover the basic reason why this rule was an illusory before rebuilds the China＇s exclusive rule of illegal obtained evidence.