中国语境的非法证据排除规则论争——本土话语资源的批判性反思

Debate on the Exclusionary Rules of Illegally Obtained Evidence in Chinese Context——Critical Reflection on the Local Discourse Resources

针对非法证据排除规则的论争,当前我国理论界立场繁多,却有自说自话之嫌,改革主张繁荣,却缺乏系统整合。经过对话语资源的梳理,我国在非法证据排除规则的理论憧憬方面,呈现出结构主义与功能主义两种理路;在非法证据排除规则的改革进路方面,呈现出整体革新与渐进改良两条进路。经过对话语资源的整合,未来我国针对非法证据排除规则的论争还需要注重两个重要维度:一是对他域话语资源作批判性解读;二是对该证据规则的吓阻功能及我国制度环境的容纳能力作经验性研究。

Debating on the exclusionary rules of illegally obtained evidence, there appears various stances in theory. Though reform appeals for prosperity, it is lacking in systematic integration. Based on the analysis of the discourse resources, as to the exclusionary rules of illegally obtained evidence in our country, the theoretic prospects present two directions of structuralism and functionalism, while the reform takes two paths of integrated innovation and gradual improvement. Based on the integration of discourse resources, another two major dimensions should be emphasized: firstly, the critical understanding of discourse resources in other contexts; secondly, the deterrent function of this rule and the empirical research on its system compatibility in our country.