非法证据排除规则若干问题的思考

Thought about several Issues on Illegal Evidence Exclusive Rule

非法证据排除规则是一项十分重要的证据规则,它对于加强人权保障、实现宪法规定和促进程序公正都有着不可低估的作用。继两高三部颁布《关于办理刑事案件排除非法证据若干问题的规定》后,新修正的刑事诉讼法也规定了非法证据排除规则,无疑对限制刑讯逼供的严重状况,将起到积极长远的作用。但是,理论界和司法实务界对非法证据排除规则的可操作性提出了广泛的质疑,"补正"和"合理解释"的规定,似乎给非法证据留了退路。因此,有必要对非法证据排除规则的相关问题进一步研究,以探讨我国非法证据排除规则存在的不足,并找到改进的出路。

As a very important rule, the illegal evidence exclusive rule plays a misunderestimate role towards reinforcing the guarantee of human rights, realizing regulations in the constitution and promoting procedural justice. After the implement of provisions for some issues on exclusion of illegal evidences in handling criminal cases by two-Supremes and three-departments, the new amendment of criminal law also regulated the illegal evidence exclusive rule, which will undoubtedly play an active and long-term role in controlling the serious condition of extortion of confessions by torture. But the theoretical circle and judicial practice circle query extensively to the maneuverability of exclusionary rules, the regulations about add and correct and reasonable excuse seem to leave ground for illegal evidences. So it needs a research to relevant issues on exclusionary rules, so as to discuss the disadvantages of exclusionary rules in our country and find out the way of improvement.