非法证据排除规则比较评析

Comparison and appraisal of the exclusionary rule of illegally-obtained evidence

建立非法证据排除规则不仅是保障人权、维护法制尊严的需要,而且也是促进案件实体真实发现的需要。我国相关立法和司法解释虽然对非法证据的排除作了一些规定,但其存在的缺陷是明显的。通过对两大法系非法证据排除规则历史发展的考察,提出了设立适宜我国国情的、平衡保障人权和惩罚犯罪双重需要的非法证据排除规则。

Setting up the exclusionary rule of illegally-obtained evidence in China does not only meet the needs of human rights and of the maintenance of the dignity of legal system, but also promotes the detection of the entity of law cases. Although relevant legislations and judicial interpretation have made some rules about the exclusionary rule of illegally-obtained evidence in China, its defects are evident. The paper, after reviewing the historical development of the two legal systems of exclusionary rule of illegally-obtained evidence, proposes setting up the exclusionary rule of illegally-obtained evidence in China which suits our national condition and the dual needs which balance the protection of human rights and the punishment of crimes.