对完善细化非法证据排除规则的思考

Reflection on Perfecting and Refining the Exclusionary Rules of Illegal Evidence

非法证据排除规则的确立不仅有利于规范司法机关的行为,树立司法权威,增强民众对司法的信赖,而且有利于保障程序公正和实体公正,真正实现保障人权的理念。但随着司法实践的推进,新刑诉法修改之后所暴露出的问题也日益凸显,其有关非法证据的法律条文规定仍有不足之处,急需立法者予以重视并寻求解决措施。

The establishment of the exclusionary rules of illegal evidence is not only beneficial to standardize the behaviors of judicial organizations, establish judicial authorities and enhance public trusts in the judiciary, but also beneficial to ensure procedural justice and substantive justice, truly realize the concept of human rights protection. However, along with the development of the judicial practice, the exposed problems after revising the new criminal law are also increasingly prominent, the relevant regulations to illegal evidence are still inadequate which require legislators to pay more attention to that and seek solutions.