对刑事非法实物证据的界定

The Definition of Illegal Criminal Physical Evidence

构建刑事非法实物证据的排除规则问题愈来愈成为当下法学界一个热点问题,不同学者对此有着不同见解。因而,正确、全面、完整地对刑事非法证据进行界定意义重大。我国刑事非法实物证据具体包括获取证据的手段、方法违法的实物证据、违反法定程序取得的实物证据、非法定主体取得的和提供的实物证据等类型。

Constructing the exclusionary rule of illegal criminal physical evidence has gained more and more attention from the law circle, and different scholars have different opinions. Therefore, it′s of great importance to correctly, completely define the illegal criminal physical evidence in all its aspects. Our country＇s illegal criminal physical evidences mainly include the means of obtaining evidence, physical evidence of illegal ways, physical evidence obtained through illegal procedures, as well as physical evidences acquired and provided by illegal subject.