我国确立非法证据排除规则的必要性

The Necessity of Establishing the Removal Rule for Illegal Evidence

通过阐述非法证据排除规则在外国和国际社会的完善和发展,充分论证了非法证据排除规则是一项人权保障规则,它的出现顺应了20世纪以来对人权保护的潮流。从非法证据排除规则在我国立法、司法和理论界的状况看,认为:我国刑事诉讼法再修改时确立非法证据排除规则十分必要,它是深化司法改革的需要,体现了权力与权利平衡、维护司法纯洁性和程序公正等理念。

The consummation and development of removal rule for illegal evidence in outdoors and international society has been illustrated, which fully demonstrates that it is a rule for protection of human rights. Its occurrence adapts to the tidal current of protection of human rights since illegal evidence in national legislative, judicial and theory the 20th century. From the situation of removal rule for realm, it is very necessary to establish such rule if national law of criminal procedure is to be revised. It is the need to deepen the judicial reformation and typically embodies the balance of power and rights, the maintenance of judicial purity and procedure iustification, etc..