我国审判阶段非法证据排除启动程序问题研究--基于《刑事诉讼法》及相关司法解释的分析

Research on the Issue of Illegal Evidence Exclusion Startup Procedure in Trial Proceedings——Based on Analysis of Criminal Procedure Law and Relevant Judicial Interpretations

《刑事诉讼法》确立了非法证据排除规则,两高司法解释也做了相关的规定。但审判阶段当事人及辩护人、诉讼代理人申请启动非法证据排除程序在司法实践中仍然存在困难。本文以《刑事诉讼法》及相关司法解释的规定为切入,分析我国审判阶段非法证据排除启动程序的若干问题,对启动的主体范围、启动的标准、启动的阶段等问题进行了探讨。

Illegal Evidence Exclusion Rule has been established in Criminal Procedure Law, and relevant provisions have been made in judicial interpretations of the Supreme Court and the Supreme People＇s Procuratorate. However, in practice, there are still many obstacles to start up illegal evidence exclusion procedure in trial proceedings by litigant parties, their defendants and agents. This article first analyzes the problems on illegal evidence exclusion startup procedure in trial proceedings, and then discusses the issues of the scope of startup parties, the standard of starting up, and in which process should illegal evidence exclusion be started, which are based on Criminal Procedure Law and relevant judicial interpretations.