论我国非法证据排除程序中检察机关的证明责任——兼论非法证据排除程序对检警模式的影响

On the Burden of Proof of Prosecutorial Organization in Our Eliminating Process of Criminal Illegal Evidence——Also on the Effect of Eliminating Process of Illegal Evidence to the Procuratorate-police Mode

"两个证据规定"的颁行,推动着我国刑事诉讼制度的进一步完善和发展。《非法证据排除规定》确立了非法证据的排除程序,明确了检察机关的证明责任。检察机关承担非法证据排除的证明责任有着坚实的基础,但为了诉讼的有效进行,应将检察机关对侦查机关的指导、制约和监督提至侦查行为开始时,且二者之间的关系应进行重新定位,这将会给我国现有的检警模式带来不小的冲击和影响。

＂The two regulations on evidence＂ issued for enforcement has brought the criminal lawsuit system for our country to a further completion and development.The exclusionary rule has established the procedures in itself and has clarified the obligations of the procuratorial organs for justification.The procuratorial organs laid solid foundation bear the obligations for justification for the exclusionary rule.However,in respect of the valid execution of the proceedings,the conduct,restrictions and supervision are to be carried out at the beginning of the act of the investigation from the procuratorial organs to the investigation organs and the relationship between these organs is to be relocated,which are to bring great impact and influence on the procuratorate-police mode for our country at present.