从防止警察违法角度反思我国非法证据排除规则

Reflection on China's Exclusion Rule for Illegal Evidence from the Perspective of Preventing Policemen from Committing Crimes

证据是诉讼活动的核心,直接关系着案件的程序和实体处理结果。非法证据排除规则能够阻却警察违法的说法出自于美国的学说和判例,也就是通过排除非法证据的方式来确保警察在收集证据过程中能够遵纪守法,进而最大限度地避免对公民权利造成侵害。实践中发挥非法证据排除规则防止警察违法的作用,需要在立法上和司法上同时满足必定性、及时性与严厉性。我国从侦查到审判的诉讼过程虽然也注意发挥该规则防止警察违法的作用,但是该规则本身具有内在局限性和外在因素导致的缺陷,因此在实际操作中发挥的作用并不理想,仍需要采取措施来完善。

Evidence is the core of litigious activities and it is directly related to the procedure of cases and the result of dealing with entity. Exclusion rule for illegal evidence which can prevent policemen from committing crimes originates from American cases and studies. It can maximally avoid infringements of citizen＇s rights by excluding illegal evidence so as to ensure that policemen can observe laws when collecting evidence. Practically in order to play the role of preventing policemen from committing crimes through exclusion rule for illegal evidence, it is to simultaneously meet certainty, timeliness and severity on legislation and judiciary. Even though China has paid a lot of attention to preventing policemen from committing crimes from investigation to judgment, yet these rules have their limitation and some defects caused by other factors. Therefore, in practice their application is not desired and measures should be taken to improve.