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法律应当是一个逻辑严密、和谐自洽的规范体系。如果把法律视作一件由不同布料拼成的织物,人们会总是希望它看上去光滑平整。但是,现实世界粗糙而不规则,以规则的法律包容不规则的世界,难免出现缺口,为此立法就不得不时时因应现实,给法律的规范体系打上“补丁”。非法证据规则,正是法律织物上的这样一个补丁。迄今为止, 所有关于非法证据的讨论,都是想把它剪裁适当,使之与其他法律规则和谐交织在一起,让补丁不再成为补丁。但是,除非我们在法律规则的逻辑上对之进行充分的论证,否则不仅补丁还是补丁,而且缺口也还仍然是缺口。
The law should be a logical, self-consistent system of norms. If you regard law as a fabric made of different fabrics, people will always want it to look smooth and flat. However, because the real world is rough and irregular, it is inevitable that the irregularities will be tolerated by the rules of law. For this reason, the legislature will have to make “patches” to the normative system of law in response to reality. The rule of illegal evidence is exactly one such patch on the law fabric. So far, all the discussion of illegitimate evidence has been to tailor it to be harmonious with other legal rules so that the patch no longer becomes a patch. However, unless we fully demonstrate the logic of the rule of law, not only the patch or the patch, but also the gap is still a gap.