治安案件非法证据排除：现状、问题与完善

Removal of Illegal Evidences for Public Security Cases: A Perspective of the Present Situation, Problems and Improvement

非法证据排除规则事关着公安机关打击违法犯罪行为中程序和实体公正价值的实现,体现着国家权力和公民权利冲突的平衡。我国公安行政执法领域中的治安案件非法证据排除制度虽已初步确立,但在制度设计、运行规则、主体权责等方面仍不尽完善。需要明确治安案件非法证据的排除范围、细化排除规则、强化非法证据排除监督、提升民警执法理念和执法水平,以使该制度更好地服务于治安案件执法实践,有力推进公安执法规范化和法治公安建设。

The rules for removal of illegal evidences involve realization of procedural and substantive justice values in the public security organs'crack down on illegal and criminal activities,reflecting the balance of the conflict between state power and civil rights.The system for removal of illegal evidences for public security cases in China has initially established,but still witnesses defectiveness in system design,operation regulations and the subjective responsibilities,which calls for clear understanding of the scope of removal of illegal evidences for public security cases,detailing of exclusion rules,intensification of supervision of removal of illegal evidences,improvement of the concept and level of police law enforcement so that the system can better serve law enforcement practice in public security cases and vigorously promote the standardization of public security law enforcement and the development of law-based public security.