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排除非法证据规则在西方国家已被普遍采用,但各国采用该规则的目的不同,适用规则时的做法也不同。美国是实行排除非法证据规则时间较长的国家,但适用过程一直存在争议,特别是在排除非法物证上,最高法院在司法实践中不断发展了该规则的内容、例外及相关经验。与美国设立排除非法证据规则目的主要是震慑警察并将其当作强制性规则的做法有差别,英国、法国、德国、意大利、加拿大等西方国家设立排除非法证据规则的目的通常是维护司法公正,并将其视为一项任意性规则,法官更加享有决定是否排除非法证据的自由裁量权。中国刚刚开始实行排除非法证据规则,由于此前并没有过多适用该规则的经验,法院在具体实践中肯定会遇到这样或那样的问题,在如何能使这一规则的适用更好地促进司法公正的问题上,法律实务界和学术界还要进行探讨和辩论,并始终必须明确中国采用排除非法证据规则的目的是什么。
The rule of excluding illegal evidence has been widely adopted in western countries. However, the purpose of adopting the rule in each country is different, and the rules are different when applying the rule. The United States is practicing a long time to rule out illegal evidence, but the application process has been controversial, especially in the exclusion of illegal evidence, the Supreme Court in the judicial practice to continuously develop the content of the rules, exceptions and related experience. The purpose of establishing the rule of excluding illegal evidence with the United States is mainly to deter the police and treat it as a mandatory rule. The purpose of setting rules for excluding illegal evidence in the West, such as Britain, France, Germany, Italy and Canada, is usually to safeguard judicial fairness, And treat it as an arbitrary rule, giving judges more discretion to decide whether to rule out illegal evidence. China has just started to rule out illegal evidence. Since there was not much experience in applying this rule before, the courts will surely encounter one way or another problems in their practice and how the application of this rule can better promote the administration of justice On the issue of impartiality, the legal practitioners and academics also need to discuss and debate, and it must always be clear what the purpose of adopting the rule of excluding illegal evidence in China is.