事实大还是法官大?——论证据排除规则

Listen to the Judge or Listen to the Facts?——On the exclusionary rule

证据是认识的基础、证明的根据、检验的标准、思想的指南。什么能当此重任?惟有事实。证据是事实,事实不存在非法、合法的问题。事实是客观的,既不受法律调整,也不受法律制约,因而证据也没有合法性。证据不能排除。排除证据的实质是法官睁着眼睛不认事实,排除证据的法官把自己和事实的位置摆错了,这是一项根本性的错误。非法获取人证是司法警察通过刑讯逼供和指名问供这样两重罪行实现的,因而它不是程序,而是程序中的实体。

Evidance is the basis for cognition and testification, the standard of inspection, and the guide of thinking. What can become a burden？ Only the facts. Prooves are facts, while there are no legal or illegal questions for facts as facts are objective, neither subject to legal regulation nor subject to legal constraints. Therefore, there are no legal questions for prooves. Nor can prooves be ruled out. If a judge would exclude any evidance, it merely means the judge had shut his eyes up before the facts. Such a judge had misplaced prooves and himself, which is a big mistake. Illegally obtaining witness is realized eigher through torturing the suspect to extract confessions or through asking for a crime by name for such crimes by the police. Obviously, both conducts are illegitimate. So illegally obtaining witness is the substance of a procedure rahter than the procedure itself.