美德非法证据排除规则之比较与评析

非法证据的证据能力历来是困扰各国刑事诉讼理论和实践的一个难题。美国和德国分别是普通法系和大陆法系的典型代表。通过对两国非法证据排除规则的比较,我们发现美德对非法证据进行了不同的定位,其非法证据排除规则呈现出各自的特色。而这正是不同诉讼理念和价值取向支配的结果。

Compare and Analysis of American and German Exclusionary Rules

The qualification of illegally evidence is always a problem of criminal procedural theory and practice in every country. The United States and Germany are the typical representatives of common law system and civil law system respectively. By comparing American and German exclusionary rules, we find illegal evidence is differently orientated in the two countries, so exclusionary rules of illegal evidence take on respective characteristics, which is because of distinct procedural idea and value orientation.