论我国刑事诉讼中的不可靠证据排除规则

On the Rules of Exclusion of Unreliable Evidence in Criminal Procedure in China

最高人民法院在其司法解释中确立了大量为提高事实认定的准确性而排除证据的规则。不可靠证据排除规则的产生,回应了我国司法实践的迫切需要,有利于解决法官认定案件事实难的问题。在我国当前的司法环境下,确立一定数量的不可靠证据排除规则对于规范法官审查判断证据的活动,防范冤假错案的发生,具有积极意义。但鉴于我国不可靠证据排除规则的局限性,在具体法律规范的制定上,尚需严格限制绝对排除规则的适用范围,确立法官违反规则的法律救济;明确"补正"与"合理解释"的标准,强化相对排除规则的规范效力;完善实物证据的鉴真规则,明确控方对证据真实性的举证义务。

The Supreme People＇s Court has established in its judicial interpretation a large number of rules that ex- clude evidences in order to improve the accuracy of fact-finding. The emergence of rules of excluding unreliable evidence has responded to the urgent need of judicial practice in China, and is conducive to resolving the problems in which the jud- ges find it hard to establish facts. Under the current judicial circumstances in China, it is of positive significance to estab- lish a certain number of exclusionary rules for unreliable evidence in order to regulate judges＇ activities in examining and judging, and to prevent the occurrence of wrongful sentences. However, in view of the limitations of rules for excluding un- reliable evidence in China, when formulating specific legal norms, the scope of application of absolute rules of exclusion must be strictly defined, and the legal relief should be established in response to the judge＇s violation of the rules. We should specify the standard for ＂correction＂ and ＂reasonable explanation＂, strengthen the normative effect of the relative exclusion rules ; improve the authentication rules for physical evidence ; and clarify the prosecution＇s burden of proof on the authenticity of the evidence.