确立我国刑事诉讼证据可采性规则体系的新思考

刑事诉讼证据可采性规则是英美法系中重要的证据规则。从完善证据立法、推进司法改革的角度 ,我们应当确立具有中国特色的刑事诉讼证据可采性规则体系 ,该体系应当由不可采规则、有限可采规则、附条件可采规则和完全可采规则构成

New Thinking about Establishing the System of Evidence Admissibility Rules in Criminal Litigation

The rule for the evidence admissibility in criminal litigation is an important evidence rule in the Anglo-American legal system. From the perspective of perfecting evidence legislation and promoting the judicial reform, the system of evidence admissibility rule in criminal litigation with Chinese character should be established. The system should be composed of inadmissibility rules, limited admissibility rules, conditional admissibility rules and complete admissibility rules.