论文部分内容阅读
非法证据排除规则是现代民主法治国家应当确立的刑事诉讼证据规则,它的确立已成为一种世界性的潮流。它不仅有利于保障人权、维护法治尊严,体现了至高无上的宪法和法律的价值,还有效地遏制了侦查违法现象的发生,使犯罪嫌疑人、被告人的合法权益免受侵害。非法证据排除规则把证据与保护人权紧密相联,成为人身自由和财产权利的保障。该规则体现了犯罪控制与人权保障两种诉讼目的的对立与冲突,有必要找到保护人权和控制犯罪的平衡点,正因为如此,研究非法证据排除规则在我国的可行性就有了实质性的意义。
The rule of exclusion of illegal evidence is the rule of evidence of criminal procedure that should be established by modern democratic countries under the rule of law. Its establishment has become a worldwide trend. It not only helps to protect human rights and safeguard the dignity of the rule of law, but also reflects the supremacy of the Constitution and the law. It also effectively curbs the occurrence of the crime of investigation and infringes the legitimate rights and interests of criminal suspects and accused. The rules of exclusionary evidence are closely linked with the protection of human rights and become the guarantee of personal liberty and property rights. This rule reflects the confrontation and conflict between the two purposes of criminal control and protection of human rights. It is necessary to find a balance between protection of human rights and crime control. For this reason, the feasibility of studying the rule of exclusion of illegal evidence in our country is substantial significance.