关于我国构建非法证据排除规则的调查研究

非法证据排除规则是我国刑事证据规则研究的重要课题.调查表明,非法证据问题在我国刑事诉讼中仍然十分突出.结合司法实践,要构建科学合理的非法言词、实物证据排除规则.非法言词证据的排除范围,以侵犯宪法赋予公民的基本权利的手段收集证据为限;非法实物证据排除应设立轻微损害和利益保障两个例外原则;确立公诉机关对证据合法性的证明责任;非法证据的衍生证据则不予排除.

The Research on the Exclusion Rule of Illegal Evidence in China

The exclusion rule of illegal evidence is the most important problem of the research on criminal evidence rule in China.Illegal evidence still has a great bad influence on China's criminal procedure from our investigation.We should center around the China's justice practice,thus to establish scientific and reasonable China's exclusion rule of testimonial evidence and tangible evidence illegally.The exclusion rule of testimonial evidence illegally obtained should be limited in those evidences which have been obtained by the measures violating the protection of fundamental rights authorized by constitutional law.The exclusion rule of tangible evidence illegally obtained should contain two exceptive principles.The major production burden of the exclusionary rule for illegally obtained evidence should be borne by the prosecutors.However,"the fruits of poisonous tree" should not be excluded.