论非法证据排除规则的确立原则

非法证据能否采纳为定案依据问题在诉讼法学界一直存在着激烈的论争,从世界各国的司法实践来看,各国的具体做法截然不同。从非法证据的概念入手,在阐释英国、美国、法国和德国等国非法证据适用原则的基础上,深入剖析了我国关于非法证据排除规则的相关理论,认为完善我国的法律制度必须建立我国的非法证据排除规则制度,提出了建立非法口供、非法物证、非法衍生证据排除规则以及非法证据效力相关配套制度的构想。

On the Formulation of Rules to Exclude Illegally Obtained Evidences

There has long been a heated debate on whether illegally obtained evidences could be adopted as the ground for the deciding of legal cases. The solutions to this problem vary from country to country as far as legal practice is concerned. The conception of illegally obtained evidences is defined in this paper and the rules to exclude them abroad are introduced, including those in the UK, the USA, France and Germany. Besides, domestic theory to exclude illegally obtained evidences is studied with the conclusion that pertinent rules should be formulated for the perfection of domestic legal system. In this respect, some suggestions are put forward regarding illegal statement, illegal tangible evidences, illegal derivative evidences, the validity of illegally obtained evidences, and other auxiliary systems.