取证合法性核查制度之探究

Research on the verification system for legality of evidence collection

取证合法性核查制度是我国刑事诉讼领域新确立的一项制度,对于及时排除非法证据和提高诉讼效率具有积极的意义。但是,该制度仍存在着应当进一步加以改进和完善的问题,主要表现为:该制度适用的案件类型可以逐步扩展为所有犯罪嫌疑人被羁押的案件;核查的非法证据种类应包括通过刑讯逼供、威胁、非法拘禁等方式获得的犯罪嫌疑人供述,以及通过非法搜查、扣押所获得的物证、书证;犯罪嫌疑人对无非法取证行为进行确认时,应当有辩护人或值班律师在场等。探究取证合法性核查制度的目的,在于有效解决当前我国刑事司法领域存在的诸多现实问题,以推动我国刑事司法工作的进步。

The verification system for legality of evidence collection is a newly established system in the field of criminal litigation in China.The establishment of this system has positive significance for the timely exclusion of illegal evidence and the improvement of litigation efficiency.However,there are still some problems that can be perfected and improved in the system.The main manifestation is that the types of cases applicable to the system can be gradually extended to all cases that the suspects are detained;the types of illegal evidence to be verified should include confessions of criminal suspects obtained by torture,threats and illegal detention,etc.,as well as physical evidence and documentary evidence obtained through illegal search and seizure;criminal suspects should have a defender or duty lawyer present when confirming no illegal evidence collection.The purpose of exploring the verification system for legality of evidence collection is to effectively solve many practical problems in the field of criminal justice in China,so as to promote the progress of criminal justice work in China.