从打击犯罪和保障人权的平衡看非法证据排除规则

On the Exclusionary Rule of Illegally Obtained Evidence in View of the Balance between Combating Crimes and Protecting Human Rights

刑事诉讼法的两项基本任务为打击犯罪和保障人权,非法证据排除规则的运用,必须要以平衡这两项任务为切入点。非法证据包含非法的实物和言词证据,两者所适用的标准虽不尽相同,但其基本落脚点都是在于平衡保障人权和打击犯罪这两项基本任务。非法证据排除规则在我国确立时间较晚,发展也并不充分,但随着理论学说和实践应用经验的不断丰富和修正,尤其是在立法、启动程序、审查时间、证人证言质证、相关人员的追责等几个方面加以完善,我国的非法证据排除规则定会再次获得有一个质的发展和飞跃。

The fundamental tasks of Criminal Procedure are combating crimes and protecting human rights. The application of the exclusionary rule of illegally obtained evidence must achieve the balance between the two tasks. Illegally obtained evidence refers to illegal physical and testimonial evidence, each of which entails different applicable standards, but serves the fundamental tasks of combating crimes and protecting human rights. For the late establishment in China, exclusionary rule of illegally obtained evidence hasn＇t been fully developed. With the development and revision of theory and practical application, especially on the perfection of legislation, starting program, investigation period, cross-examine witness testimony, related personnel responsibility and several other aspects, exclusionary rule of illegally obtained evidence in China will get a qualitative leap and development.