论非法证据排除程序中的证据规则

Study on the Rules of Illegal Evidence Exclusion Procedure

非法证据排除程序的运行应遵守一定的证据规则,某项证据是否被认定为非法证据并适用排除规则,同样只能以证据为依据。非法证据排除程序中,同步录音录像和"情况说明"必须具备证据能力和证明力,才能成为认定某项证据是否为非法证据的依据。同步录音录像应当以原始性为原则,并具有完整的保管链条,同步录音录像内容上的完整性也是强化证明力的关键。"情况说明"必须具有完整的法定形式,也需要其他证据的印证和侦查人员出庭制度来加以保障。在证明标准上,对非法证据的认定以及排除规则的适用应当设置严格的证明标准,并通过赋予被告人就非法证据排除问题单独上诉权的方式对法官自由裁量权进行合理的限制。

It is necessary to observe the evidence regulations when the illegal evidence exclusion procedure runs. Whether the evidence is found to be illegal and applicable to the rule of exclusion, it can only be based on evidence. In the procedure of illegal evidence exclusion, synchronized audio and video recording and ex- planation must have the ability of evidence and proof to be the basis to decide whether an evidence is illegal. Synchronized audio and video recording should be based on the original principle, and with a complete chain of custody, and the integrity of the content of synchronous recording and video recording is also the key to strengthen the proof force. The letters of presentation must have the legal form and other auxiliary evidences, and it also need other evidence to confirm and the investigators appear in court as the system to ensure. In the standard of proof, the cognizance of the illegal evidence and the application of exclusion rules should set up a strict standard of proof, and through endowing the defendants＇ separate right of appeal on illegal evidence ex- clusion problems to reasonably limit the judges＇ right of discretion. It is important to set up strict proof stan- dard, and minimize the abuse of discretion by endowing the appeal right to the defendant.