刑事诉讼非法证据的证明

在我国,虽然初步的非法证据排除规则通过司法解释得以确立,但是由于未建立起配套的保障规则,特别是未建立非法证据的证明制度,致使该证据规则在司法实践中远未得到有效实施。在其他国家和地区,非法证据排除规则的执行,往往以对非法证据的证明为基础。为此,我国应当借鉴这些国家和地区的较为成熟的经验,科学地构建我国非法证据的证明制度,以确保实现非法证据排除规则的人权保障价值。

On Proof of the Illegal Evidence in Criminal Procedure

In our country, the preliminary exclusionary rule of illegal evidence is established through judicial interpretations, but the rule isn't efficiently implemented. That's because its corresponding safeguard rules, especially in the system of proof of illegal evidence, aren't still established. In other countries and regions, the implementation of the rule is often based on the proof of illegal evidence. For this reason, we should draw lessons from the mature experiences of these countries and regions, and then scientifically construct our system of proof of illegal evidence, in order to ensure to realize the value of assurance of human rights.