非法证据排除的现状和出路

Current Situation and Way Out for Exclusion of Illegal Evidence

非法证据排除规则在我国的确立和发展对保障人权、防范冤假错案、维护程序正义等方面具有重要意义。然而,非法证据排除规则在实践中却效果不佳,存在非法证据认定难、排除难的现实问题,其根本原因在于我国刑事案件的“铁案”标准。对此,需要突破“铁案”的标准限制,肯定相对真实证明标准的地位,肯定情理推断方法的合法性,转变司法人员的工作理念,使得非法证据排除规则落到实处。The establishment and development of the exclusionary rule of illegal evidence in China has important implications for safeguarding human rights, preventing wrongful convictions, and maintaining procedural justice. However, the exclusionary rule has had poor practical effects, with the real problem being the difficulty in identifying and excluding illegal evidence. The root cause of this is the standard of “ironclad case” in criminal cases in China. To address this, we need to break through the restrictive standard of “iron case” and affirm the status of the relative truth standard and the legitimacy of the method of reasoning by analogy. We also need to change the work philosophy of judicial personnel so that the exclusionary rule can be effectively implemented.