刑事诉讼中非法证据排除机制研究

司法实践存在排除非法证据的“界定难”、“证明难”和“排除难”问题。为有效预防非法取证,现有的司法制度应贯彻无罪推定原则;完善司法令状制度,重大侦查行为应“有证实行,例外明示列举”;建立重大案件首次讯问值班律师临场监督制度;推进对犯罪嫌疑人、被告人讯问同步录音、录像制度;实行侦羁分离和建立公派律师值班制度;建立侦查人员出庭作证制度。

The research on the illegal evidence excluding system in criminal lawsuit

there are many problems in judicial practice, such as the "dark bound", the "un-sufficient evidence", the "difficult solution" in illegal evidence. In order to prevent the illegalevidence effectively, the present judicial system should insist the innocent principle; we must perfectthe judicial system and make sure that all the important spy affairs take action with effectiveevidence. If there are any special examples, we must put it out. For the serious case we couldestablish a temporary surveillance system at once, so the lawyers could inquest when they are onduty. Besides all these, promoting the recording system while the suspects are interrogated,separating the spy procedure and the surveillance, establishing the system for the lawyers to be onduty in turn, and setting up the system for the spy officers to be witness are very significant.