海峡两岸非法证据排除规则之比较观察——渊源、价值、举证与适用

A Comparative Study of the Exclusionary Rules of Illegal Evidence across the Taiwan Straits——Origin,Value,Proof and Application

非法证据排除规则作为刑事程序法和证据法上的一项重要规则,源起于二十世纪初美国联邦最高法院的一系列重要判例,后经半个多世纪的曲折历程而逐步确立。其确立存有深刻的理论蕴基和现实合理性。从比较法视角探究海峡两岸非法证据排除规则,需了解非法证据排除规则的理论渊源及价值因由,明了举证责任和证明标准,理清现下非法证据排除规则的适用对象和例外适用,从多维度提出合理化举措,是构建海峡两岸人民信赖之司法、进一步提升司法公信力和完善以庭审为中心的刑事审判实务的重要内容。

The illegal evidence exclusion rule, as an important rule in the criminal procedure law and the evidence law, originated from a series of important jurisprudence of the US Supreme Court in the early 20th century and was gradually established after more than half a century of twists and turns. Its establishment has profound theoretical foundation and realistic rationality. To explore the illegal evidence exclusion rules across the Taiwan Straits from the perspective of comparative law, it is necessary to understand the theoretical origin and value of the illegal evidence exclusion rules, to clarify the burden of proof and the standard of proof, and to clarify the applicable objects and exceptions of the current illegal evidence exclusion rules, which are proposed from multiple dimensions. The rationalization measures are important on building the judicial trust of the people on both sides of the strait, further enhance the credibility and perfect trial centered the important content of criminal trial practice.