两大法系非法证据排除规则的比较与借鉴——以德国及美国为例

On Comparison of the Exclusionary Rules of Illegal Evidences between Two Law Systems and the Reference: A Case Study of Germany and The United States

非法证据排除规则在证据法体系中居核心地位,其价值在于防范国家刑罚权特别是侦查权的滥用,以保障受追诉者的人权,杜绝冤假错案。非法证据排除规则发轫于美国判例法,现大多数国家的刑事立法均确立了该规则。由于法律体制及文化背景的差异,非法证据排除规则在两大法系的演进中呈现出微妙的差异,但在价值追求上却未曾分道扬镳。其中德国和美国的非法证据排除规则体系对于中国证据法体系的完善具有一定的借鉴作用。

The exclusionary rules of illegal evidences, which play the core role in evidence law system, have the value as prevention of the misuse of state power of criminal penalty, especially the misuse of the criminal investigation power with a view to safeguarding human rights of the criminal defendants and completely eradicating the false and erroneous cases. The exclusionary rules of illegal evidences originating from American case law, is now established by criminal legislation of most countries. Owing to the differences in law system and cultural background, the exclusionary rules of illegal evidences demonstrate subtle differences in the evolution of the two law systems, which have not divorced from each other in value pursuit. The exclusionary rules of illegal evidences in Germany and the United States are of some reference for improvement of the evidence law system of China.