非法证据排除规则确立后侦查工作变革之展望

新刑事诉讼法明文规定了非法证据排除规则,从证据收集的角度对非法证据进行了界定,将非法证据分成两种类型:一种是以侵犯公民基本权利的手段收集的证据;另一种是并未对公民的基本权利构成侵犯,但违反刑事诉讼法规定的程序收集的证据。因此,不同于其他国家以人权保障为要旨,我国刑事诉讼立法对于非法证据排除规则具有多方面的功能期待,对侦查工作提出了新的要求,也必然会推动执法意识、程序规则、侦查体制等多方面的变革与完善。

Prospect of Criminal Investigation Change after Establishment of Exclusionary Rule of Illegally Obtained Evidence

The new criminal procedure law has stipulated the exclusionary rules of illegal evidence, and defined illegal evidence from the perspective of evidence collection. Based on the definition, the illegal evidence is divided into two types： one is the evidence collected by infringing the fundamental rights of citizens; the other is the evidence collected by violating the procedures stipulated by criminal law without infringing the fundamental rights of citizens. Therefore, China＇s criminal procedure has many function expectations about the exclusionary rules of illegal evidence, has put forward new requirements for the work of investigation, also will promote and improve the awareness of law enforcement, the rules of procedure, and investigation system.