非法证据证明责任问题探析

非法证据的证明责任是非法证据排除规则的关键性和深层次问题。对该问题进行研究,有助于非法证据排除规则真正在我国得以确立并切实发挥作用。参照外国关于非法证据证明责任的立法规定,我国应遵循利益均衡、诉讼便利和适当发挥法官职权原则,以构建我国的非法证据证明责任体系。

Research on the Burden of Proof of Evidence Illegally Obtained

The burden of proof of evidence illegally obtained is the substantial and deep problem of the exclusion rule. Research of this problem is helpful to establish the exclusion rule and make full use of the rule. On wholly previewing and analyzing the rules about the burden of proof of evidence illegally obtained in foreign countries, this essay points out that we should keep the principles of balancing of interests, convenient to the suit and making the judges' power properly act, to construct the system of the burden of proof of evidence illegally obtained.