非法证据排除规则的举证责任

非法证据排除规则举证责任制度的缺位已成为阻碍我国非法证据排除规则实施的关键性障碍之一。本文在考察不同国家和地区非法证据排除规则举证责任的立法及其原因的基础上 ,主张非法证据排除规则的主要证明责任应由控方承担 ,并提出了若干完善我国侦查取证程序的建议 ,这对于我国建立非法证据排除规则的举证责任制度将具有重要的意义。

A Study of the Production Burden of the Exclusionary Rule for Illegally Obtained Evidence

The absence of the production burden system of the exclusionary rule for illegally obtained evidence has become one of the major obstacles that hinder the enforcement of China's exclusionary rule for illegally obtained evidence. This article proposes that the major production burden of the exclusionary rule for illegally obtained evidence should be borne by the prosecutors and puts forward several suggestions for improving China's investigation system based on a comprehensive analysis on the regulations and reasons of the production burden of the exclusionary rule for illegally obtained evidence of different countries and regions. This article is important for the enactment of China's production burden system of exclusionary rule for illegally obtained evidence.