我国非法证据排除规则实施相关问题之探讨

Some Relevant Issues about the Implementation of the Exclusive Rule of Illegal Evidence in China

非法证据排除规则是我国《刑事诉讼法》新增加的重要内容,在实现保障人权的价值目标中发挥着重要作用。我国的非法证据排除规则具有自身的特点,在司法实践中也存在一些问题急需理论上予以解决。本文认为,非法证据排除的范围已经逐渐从"非法手段"扩大至"程序违法",而现行的侦查、审查起诉和审判阶段均可依职权或依申请排除非法证据的规定并不能收到很好的效果。因此,在实施非法证据排除的过程中,有必要对非法证据排除的方式、效果和证明标准进行深入探讨。

The newly revised criminal procedure law incorporated the exclusive rule of illegal evidence,which is playing an important role in safeguarding the human rights.The exclusive rule of illegal evidence in China has its own characteristics,and along with some problems in the process of implementation,which are badly in need of being worked out in theory.According to his article,the scope of exclusion of illegul evidence has gradually expanded from ＂unlawful means＂ to ＂breach of procedural law＂ ,but the existing provision that the illegal evidence could be excluded according to the authority or the application in the investigation,prosecution and trial stages doesn＇t have good effect.Therefore,in the implementation of the exclusion of illegal evidence,it was the methods,the effects and the standard of proof of the exclusion of illegal evidence that are necessarily discussed in deep.