论非法证据排除规则的价值基础

近年来,构建我国的非法证据排除,成为我国法学界的热点难题。非法证据排除规则存在的价值基础包括:控制犯罪与保障人权;实体公正与程序正当;国家权力与个人权利;司法公正与刑事效益,这四个方面相互联系,相辅相成,共同构成一个有机的统一体。只有深入理解非法证据排除规则存在的价值基础,才能构建符合理性的非法证据排除规则。

On the Value Basis of the Exclusion of Illegally Obtained Evidence

In recent years, the construction of China's rule for the exclusion of illegally obtained evidence has become a hot and difficult issue in the Chinese legal circle. As suggested by this article, the value basis for the exclusion of illegally obtained evidence includes the following four aspects: controlling crime and safeguarding human rights; entity justice and procedural justice; national power and individual rights; judicial fairness and penal efficiency. Those four correlated and complementary aspects form an integrated unity. Only through a thorough understanding of the exclusionary rule of the illegally obtained evidence can we construct a rational exclusionary rule of the illegally obtained evidence.