论非法证据排除规则及其本土化构建

非法证据排除规则自产生之日起就倍受争议,但由于它具有重要的价值,因而在许多国家和国际条约中得到确认。在我国全面确立这一规则存在一些现实困难,所以应结合国情,确立对非法言词证据绝对排除的原则,对非法实物证据采取原则性与灵活性相结合的立场。

On the Exclusionary Rule of Illegally Obtained Evidence and its Establishment in China

The exclusionary rule of illegally obtained evidence has long being argued since it was initially established about a century ago. Owing to its great significance, it has been established in many countries. In light of the reality in China, such a rule should be applied flexibly. The illegally obtained oral evidence must be absolutely excluded, on the other hand, the illegally obtained objective evidence may be excluded on the basis of flexibility with a principled stand.