论非法证据的效力及建立排除规则的构想

On the Effect of Illegal Proof and Constituting the Regulations for Obviating Illegal Proof

非法证据是刑事诉讼法证据制度中较为复杂的问题之一 ,也是刑事诉讼程序中诉讼价值最易发生冲突的问题。各国相关立法和理论不尽一致 ,我国立法上对非法取证行为持否定态度 ,但对非法证据的效力尚无明确规定。应完善相关法律 ,建立非法证据排除规则。

Illegal proof is the problem in which lawsuit value is liable to produce conflicts in the process of criminal procedure, as well as it is one of more complicated problems in the criminal procedure proof system. The relative legislations and theories of different countries are not so accordant, but our country legislation holds the negative attitude on getting proof illegally and has not ordained the definite effect of illegal proof. The relevant laws should be perfecting and the regulations for obviating illegal proof should be established.