新西兰非法证据排除规则及其启示

Exclusionary Rule of Illegally Obtained Evidence in New Zealand and its Revelation

新西兰非法证据排除规则有两个主要特色:排除模式由自动排除转向裁量排除;法官行使裁量权时遵循行政上的"比例原则"。这两个特色启示我们,我国非法证据排除规则的建构应采取裁量排除模式,法官在考量对非法获取的证据是否排除时应遵循"比例原则"。

Exclusionary rule of illegally obtained evidence in New Zealand has two main features： exclusion mode has changed from automatic exclusion into judicial discretion to exclusion; when exercising discretion, judges should follow the principle of proportionality in administration. These two main features reveal, in construction of exclusionary rule of illegally obtained evidence in China, we should adopt the mode of judicial discretion to exclusion instead of automatic exclusion, and our judges should obey the principle of proportionality when considering whether the illegally obtained evidences should be excluded or not.