浅谈非法证据采信的几个问题

非法证据是侦查人员违反法律规定的程序或方法而获得的证据。它是否具有证据能力是刑事诉讼理论与实践中非常重要的问题。针对目前我国对非法证据的效力在理论与实践中比较混乱的状态,本文参考国外的有关规定和对非法证据取舍的价值选择的评述,探讨如何确立并完善我国非法证据的排除规则。

A Discussion about Some Issues on Unlawful Evidence Acceptance

Unlawful evidence refers to the evidence obtained by the investigator while violating the due procedure or means. It's a vital issue in theory and practice of criminal procedure whether or not it would be lawfully accepted as evidence . In the light of the confounded situation in theory and practice of the effect about unlawful evidence at present in China, this article, referring to the provisions concerning foreign countries, will comment on the value choice of the unlawful evidence accepted or rejected, and probe into how to establish and perfect the exclusive provisions about .unlawful evidence in our country.