公安机关侦查阶段非法证据排除制度研究

On Elimination of Illegal Evidence during the Investigation Stage

新《刑事诉讼法》明确了公安机关侦查阶段非法证据排除的法定职责。由于传统侦查理念制约、公安机关面临多重压力、缺乏明确的程序性细则以及保障制度等原因,使得实践中侦查阶段非法证据呈现出发现难、排除难的困境。落实侦查阶段非法证据排除制度,公安机关需要从理念革新、主体控制、程序建构、制度保障等层面寻找解决路径,以实现侦查阶段非法证据的有效预防、及时发现与排除。

The amended Criminal Procedural Law has been clear about the obligation of public security to exclude illegal evidence during the investigation stage. Due to the traditional concept of restriction, multiple pressures facing the public security organs as well as a lack of clear procedural rules and security system, it becomes difficult to identify and exclude illegal evidence in practice. To implement the system of illegal evidence exclusion in the investigation stage, the public security organs need to restore ideas, supervise investigation subjects, reconstruct procedures and provide supporting systems so as to prevent and exclude illegal evidence.