更新时间：09-15 （陈老师）提供原创文章
摘要:在现代社会中，人权理念的张扬使非法证据排除规则成为刑事诉讼制度现代化的重要标志，尤其是在程序正义价值主导刑事诉讼制度建构和运作的英美法系国家，已经形成了完备的非法证据排除规则体系和运作规范。我国刑事诉讼理论界开始关注非法证据排除规则问题的研究，到现在为止，研究已经初具规模，成果较多。当然，我们在肯定这些研究成果价值的同时，还应当认识到，目前研究尚存在研究对象狭窄和研究方法单一的缺陷。长期以来，我国刑事诉讼理论界一直呼吁完善非法证据排除规则，但是这种诉求实际上不可能对立法机关产生实质性的影响。因为理论界没有为如何保障非法证据排除规则在我国现行政治和司法体制框架内的运作效果提供充分的理论论证。基于上述认识，本文拟对非法证据排除规则所承载的预期功能及其实现问题进行初步的探究，以期对促进非法证据排除规则实践效果的实现有所裨益。
关键词：非法证据；排除规则；刑讯逼供；保障人权
Abstract:In modern society,human rights are overstated so that the exclusionary rule of illegally obtained evidence has become an important symbol of the modernization of criminal lawsuit system,especially in the Common Law countries where the construction and operation of criminal lawsuit is mainly dominated by procedure justice,who has formed a complete system of illegal evidence rules and norms.Researchers have paid attention to the issue of illegal evidence rule system in our country.The system is basically shaped and researchers have gain a lot of achievements in this field until now. True,the study results should be valued, but at the same time it should also be recognized that the current research is still exists some defects, including the narrow view of research object and the less variety of research method.The criminal lawsuit theoretical circle in domestic has called on improving the illegal evidence system for a long time, but such appeal is almost impossible to bring essential effects to the legislative authority, which is because the theoretical circle didn't supported themselves with sufficient evidence which is operated under the running political policy and judicial system.Based on the above acknowledgement,the thesis makes a simple study on the expected function and the existing problems on the way to realize the exclusionary rule of illegally obtained evidence,which hope to make a contribution to realizing the practical effect.
Key words: illegal evidence；exclusionary rule；inquisition by torture；assurance of human rights