非法证据排除规则实施的制约因素和对策分析

On the Implementation Problems and Solutions of Illegal Evidence Exclusion Rule

刑事诉讼法明确规定了非法证据排除规则,但其实施却受多种因素的制约。首先,从环境因素看,我国法律缺乏足够的权威,非法证据排除规则目前难以从现有法律体系中获得力量。其次,从主观上看,它受到社会占统治地位的意识形态、刑事法律的主要精神、社会传统价值观念的制约。其三,从客观上看,其实施会受到行政机关的影响。要从根本上解决非法证据排除规则的实施问题,要实现法治,树立法律的权威,当前要做的是逐步解决上面提及的阻碍其实施的具体因素。

The illegal evidence exclusion rule was stipulated in The Code of Criminal Procedure, but its implementation will be constrained by many factors. First, from aspect of the environmental factors, because of the lack of adequate legal authority, the illegal evidence exclusion rule is difficult to obtain the existing strength from the legal system. Second, from a subjective point of view, its implementation will be restricted by social ideology, the dominant spirit of the criminal law, traditional values. Third, from an objective point of view, its implementation will be the impact of the executive. To solve the issues of implementation of the illegal evidence exclusion rule, we should establish the authority of the law. In the current, we could gradually solve the men- tioned factors.