我国刑事非法证据排除规则的确立障碍与建构

非法证据排除规则已成为世界各国通行的刑事诉讼的采证规则之一 ,我国立法对此却没有明确规定。刑事诉讼价值观的差异是非法证据排除规则在我国最终确立的本质障碍 ;而对“以事实为根据”的错误理解和虔诚追求 ,又成为阻却这一原则确立的直接动因。两大法系对非法证据排除规则的规定 ,对我国具有重要的借鉴作用。

Some Ideas of the Exclusionary Rule of Illegally Obtained Evidence in Criminal Acts of Our Country

The exclusionary rule of illegally obtained evidence has been used in crimainal suits in many countries of the world.But the legislation of our country does not stipulate clearly for that.So the establishing methods are emerging endlessly in academic circles.In China,the chief problem is not how to.establish,but find and get rid of the establishing obstacles.The discrepancy of criminal lawsuit viewpoints of value is the essential obstacle of establishing the rule.The devout pursuit and the worng understanding of "based on fact"is the direct reason of hindering the establishment of the rule .The contents of the rule of the two departments of the fundamental law have important reference to our country.But we should accord with our national conditions and establish the normal exclusionary rule and the special exclusionary rule step by step.