非法证据排除规则的理论基础刍议

在注重人权保障的现代社会,诉讼人权的保障愈来愈受到人们的重视。确立非法证据排除规则,遏制非法取证行为,规范侦查权力的行使已成为国际刑事司法发展的趋势。当前,考量如何确立非法证据排除规则已成为重要课题。研究此课题,首要的前提就是要研究我国的非法证据排除规则的有关理论,进而确立以基本人权保障理论作为我国非法证据排除规则的理论基础。

On the Theoretical Basis of China's Exclusionary Rule of Illegal Evidence

Under the circumstance of protecting human rights in modern society, the protection of human procedural rights has becoming critically important. Establishing exclusionary rule of illegal evidence, prohibiting illegal acts of obtaining evidence, regulating the exercise of investigative powers has also become the trend of international criminal justice development. At present, considering how to establish exclusionary rule of illegal evidence remains a key issue. To establish the theoretical basis of China's exclusionary rule of illegal evidence is the primary task. In this paper, based on the established theory, we advocate establishing the theory of protecting basic human rights as the theoretical basis of exclusionary rule of illegal evidence.