我国非法证据排除的若干重要问题

Issues on Chinese Exclusion Rule of Illegal Evidences

我国确立非法证据排除规则应当按照非法证据种类和多元利益衡量法的双重标准对非法证据进行排除;应当依照“谁主张、谁举证”的基本原理分配非法证据排除的举证责任,但是要降低证明标准并建立相关的辅助制度;在非法证据排除程序中应当发挥检察机关的法律监督职能,在审查批捕、审查起诉、庭前审查和法庭审理四个阶段中建立起检察机关、法院依职权主动排除非法证据和依申请排除非法证据的程序。

Several issues on the exclusion rule of illegal evidences of China were discussed： the illegal evidences should be excluded in accordance with a dual criterion binding the category of illegal evidences and multiple interests balancing; the principle of the burden of proof concerning the exclusion of illegal evidences should be ＂person who claims shall produce evidences＂ while a lower standard of proof should be adopted and relevant accessorial system should be established; and the exclusion procedure of illegal evidences implemented by the courts and the procuratorates according to their authority or the application of concerned persons during the four phases of examination and approval of the arrest, reviewing and making a decision of prosecution, pretrial and trial.