侦查环节排除非法证据思考简

非法证据的排除在理论上已经形成共识,但在刑事诉讼实践中未形成行动中的共识.侦查环节排除非法证据问题是其中的重点和难点.侦查环节排除非法证据不仅是法治精神的底线要求,也是防止错案、保障人权的必然要求.侦查环节排除非法证据,必须改变观念,检视当下侦查环节排除非法证据存在的问题,在侦查机关内外建立排除非法证据的发现、审查、认定和制裁机制.

Reflections on Exclusion of Illegally Obtained Evidence in Investigation

Ahhough the theoretical circle has reached consensus on exclusion of illegally obtained evidence,the practices in criminal proceedings are nol unified. Exclusion of illegally obtained evidence in investigation has remained an important and difficult issue, which is not only the bottom line of rule of law, but also. an inevitable requirement for preventing misjudged eases and safeguarding human rights. To exclude illegal obtained evidence in the process of investigation requires changes in ideas, reviewing the currently existing problems in this aspect, establishing discovering, examining. identifying and sanctioning mechanisms for excluding illegally obtained evidence, inside and outside the, investigating organs.