论我国刑事非法证据排除规则的确立——以非法证据取舍的价值冲突为切入点

非法证据问题除了包含技术层面的因素,还涉及了法律的本质、价值观等更为抽象的价值层面的因素.所以在诸多证据规则中,非法证据排除规则所引发的争议和分歧也相对较多,而这些冲突都决定了非法证据排除规则应是我国证据可采性规则的主要部分.目前,我国从总体上讲没有成体系的证据的可采性规则,正是由于这种不足,为理论界对非法证据方面的理论研讨和制度设计提供了广阔的空间.

On the Adoption to Exclusionary Rule of Criminal Illegal Evidence in Our Country——Cutting in from the worth - conflict of the rejecting - or - accepting of illegal proof

The issue of illegally evidence not only contains the factors of technology,but also involves more abstract factors of like the value,essence,ere of the law.Therefore,among lots of disputes caused by evidence rules,a greater measure were induced by exclusionary rule of illegally obtained evidence,which determines that exclusionary rule of illegally obtained evidence should be the chief part of the rule of admissibility in our coun- try.Nowadays,in a word,there isnt a systematic rule of proof admissibility at the present time in our country, that promotes a wide space for the theoretical discussion and system design of illegally evidence in the academe.