论以引诱、欺骗方法获取供述的排除规则——立足于类案检索

On the Exclusionary Rules of Obtaining Confession by Means of Induction and Deception-Based on the research of category case retrieval

引诱、欺骗作为《刑事诉讼法》明确禁止的取证方法,对其的立法规制仅有一条原则性、宣示性的禁止性规定。本文通过类案检索的方法对司法实践中以引诱、欺骗方法获取供述的排除情况进行统计和分析,发现由于立法不完善,对以引诱、欺骗方法获取的供述是否排除和如何排除的问题,在实践中无法得到统一的回答,法律的适用混乱不一。应当在立法上明确将以引诱、欺骗方法获得的供述纳入非法证据排除规则的范围,并设定较为明确的排除标准以引导法官的裁量,从而推动非法证据排除规则的进一步完善。

Seduction and deception are clearly prohibited methods of obtaining evidence in the Criminal Procedure Law,and there is only one principle and declarative prohibition in its legislation.This paper uses the method of searching for similar cases to statistics and analyze the exclusion of confessions obtained by inducement and deception in judicial practice.It is found that due to the imperfect legislation and norms,the problem of whether and how to exclude confessions obtained by inducement and deception is eliminated.In practice,a unified answer cannot be obtained,and the application of the law is mixed.The confession obtained by inducement and deception should be clearly included in the scope of the illegal evidence exclusion rule in legislation,and a clearer exclusion standard should be set to guide the judge's discretion,so as to promote the further improvement of the illegal evidence exclusion rule.