非法证据排除规则的规范阐释与制度构建

The Standard Interpretation and System Construction of Exclusionary Rule for Illegal Evidence

非法证据排除规则旨在解决刑事诉讼中对以非法手段获取的证据依法予以排除的难题。在司法实践中,该规则面临着诸多适用困境和应对难题。因此需要对其规范内涵进行深入诠释,并从优化非法证据排除规则的排除范围、证明责任、证明标准、程序性安排及完善权利的救济制度和非法取证主体的惩戒制度等方面,完善我国非法证据排除制度,推进我国的法治现代化进程。

The rule of illegal evidence exclusion is available to find the tough problems of excluding evidence ob-tained by means of illegal ways in criminal procedure. However, it encounters plenty of systematic dilemma and response problems in judicial practice. Therefore, based on the practical application situations, it is necessary to interpret its stan- dard connotation deeply to optimize exclusion of scope, burden and standard of proof, and procedural setup and to perfect remedy mechanism of the right and disciplinary system for the subject to obtain evidence illegally in order to improve the legal system for exclusion of illegal evidence and promote the modem process of rule of law in China.