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2012年《刑事诉讼法》修改以后,非法证据排除规则在立法上得以确立,其确立的演进历程体现了法律效力位阶的提升,但其实际运行效果却并未如预期中理想,表现为启动艰难、适用困难等方面,究其原因主要有适用范围规定严苛、法官自由裁量权限过大及处理机制与救济途径缺失等三方面原因。应通过进一步明确非法证据的排除范围、明确证明责任的分担及完善处理和救济机制来实现非法证据排除规则的实效性。
After the revision of the Code of Criminal Procedure in 2012, the rules for the exclusion of illegal evidence were established in the legislation. The evolution of its establishment reflected the level of legal effectiveness. However, its actual operation effect was not as satisfactory as expected and manifested as starting Difficult and difficult to apply. The reasons are mainly due to the strict application scope, the excessive discretion of judges and the absence of handling mechanism and remedy. The effectiveness of the rule of exclusion of illegal evidence should be realized by further clarifying the exclusion scope of illegal evidence, clearly proving the sharing of responsibilities and improving the handling and relief mechanisms.