非法证据排除规则微探

证据是控辩双方在刑事审判中支持其主张、展开攻击与防御对抗的武器,是法官认定事实并据以裁判的基础。非法证据排除规则以运用实证分析方法、结合应然性思考,通过比较各国非法证据排除规则,阐述排除规则的价值,对规则产生的理性基础、规则所体现的价值冲突与权衡进行分析,以构建我国非法证据排除规则体系。

Exploratory Research on Exclusive Rules of Illegal Evidence

Evidence, served as a basis for lawyers to determine the fact for adjudication, is regarded as means of offense and defense for both prosecuting party and defense party to support their allegations in the criminal justice. In order to establish the system of exclusive rules of the illegal evidence of China, in this (article), the value of the rules are set forth and the rational basis, the balance and the conflict of value of the rules are analyzed with the analysis of factual evidence combined with the practical thinking.