—评“两高三部”《严格排除非法证据规定》

郭 旭

（国防大学政治学院，北京 100091）

【摘 要】“两高三部”联合颁布的《严格排除非法证据规定》，在总结我国司法实践的基础上，推动了非法证据排除规则的进一步发展和完善。《规定》改变了非法言词证据的界定规则，解释了重复自白的可采性问题及例外等，涉及的内容非常广泛，具有重大的实践指导意义和理论价值。但《规定》中也存在一些值得探讨和反思之处，尤其是证人证言、被害人陈述的排除问题，非法实物证据界定和范围问题以及证据排除后的“借尸还魂”等问题，仍有待进一步解决。

【关键词】非法证据排除规则；发展；隐忧；述评

【中图分类号】D915.13

【文献标识码】A

【文章编号】1674-1226（2017）06-0719-11

The development and hidden worries in the exclusionary rules for illegally obtained evidence in China—comments on the provisions on the several issues concerning the strict exclusion of the illegally obtained evidence in handling criminal cases. Guo Xu, Political College of the National Defense University, Beijing, 100091

【Abstract】The PRC Supreme People’s Court, the Supreme People's Procuratorate, the Ministry of Public Security, the Ministry of State Security and the Ministry of Justice jointly issued the Provisions on the Several Issues concerning the Strict Exclusion of the Illegally Collected Evidence in Handling Criminal Cases. By summing up the judicial practice in China, the rules for the exclusion of illegally obtained evidence have been further developed and perfected. This Regulation has changed the rules of defining illegal oral evidence and explained the admissibility of repeated confessions as well as its exceptions, covering a wide range of contents and having great practical guiding significance and theoretical value. However, there are also some problems worthy of discussion and reflection in the Regulation, especially the exclusion of the witness testimony and victim’s statement, the definition and scope of illegally collected physical evidence and the “kicking it out of the window but then sneaking back from the door” problem of excluded evidence, which still needs to be resolved further.

【Key Words】 Exclusionary rule for illegally collected evidence, Development, Hidden worries, Comments