论非法证据排除规则的两种立法模式

本文通过对英美两国有关非法证据排除规则的发展历史及其具体法律规定的考察,归纳出非法证据排除规则的两种立法模式:强制排除模式和裁量排除模式,并在总结其他国家的立法经验和教训的基础上,提出在我国确立非法证据排除规则应采取裁量排除的立法模式.

On the judicial applicability of the eliminating rules to the illegal evidence

Exclusionary rule is an important part of the rules of Evidence.Different countries have different models to regulate the illegal evidence.Through the history and the law of Exclusionary rule in the USA and the United Kingdom,The authors of this research paper conclude that there are two main models of Exclusionary rule,one is the compulsory model which is accepted by The USA and the other is the discretional model which is used by the United Kingdom.The two models are both studied by other countires such as Canada,Italy,Japan,and so on.To China,we think the discretional model is more reasonable than the compulsory one.