论欧洲人权法院的非法证据排除

欧洲人权法院对于非法证据的处理与英美法系国家迥然不同。欧洲人权法院并没有就如何排除非法证据制定系列指导性的纲要，而是采取个案中具体考量的办法，重点考察公权力人员的非法取证行为是否给整个诉讼程序造成不公，以及获取证据与案件关联性的有无及强弱，在此基础上决定证据排除与否。

On the Exclusion of Illegal Evidence of European Court of Human Rights

European Court of Human Rights has its own characteristics as for the treatment of illegal evidence, which is different from Anglo - American countries. European Court of Human Rights doesn＇ t make a series of guiding outlines with reference to the exclusion of the evidence obtained illegally ; however, it adopts an approach of considering case-by-case, which attaches much importance to the two key factors： the fairness of procedure as a whole and the relevance of evidence. On the basis of that, the judges are determined whether the evidence obtained illegally are excluded or not.