CAJ | 학술논문

从新《刑事诉讼法》实施半年多的情况来看,非法证据排除规则的运行有成功之处,如排除了一定数量的非法证据、庭前会议中检察机关主动撤回争议证据等.非法证据排除规则的运行也存在一定的不足,如一定数量的法官对规则认知不足、部分法官对排除非法证据的申请有畏难和抵触情绪以及部分案件的审理存在不规范的情况等.通过调研,还发现了两大深层次问题,即法院公正司法能力有待进一步提高和非法证据排除规则有待进一步完善.非法证据排除规则在中国的落实有诸多障碍,因而将是一个漫长的过程.
종신《형사소송법》실시반년다적정황래간,비법증거배제규칙적운행유성공지처,여배제료일정수량적비법증거、정전회의중검찰궤관주동철회쟁의증거등.비법증거배제규칙적운행야존재일정적불족,여일정수량적법관대규칙인지불족、부분법관대배제비법증거적신청유외난화저촉정서이급부분안건적심리존재불규범적정황등.통과조연,환발현료량대심층차문제,즉법원공정사법능력유대진일보제고화비법증거배제규칙유대진일보완선.비법증거배제규칙재중국적락실유제다장애,인이장시일개만장적과정.
Some fruits have been achieved since the exclusionary rules of illegally obtained evidence have been implemented since the new Criminal Procedure Law has been enforced for more than half a year. For ex- ample, a certain amount of illegally obtained evidence has been excluded, and the controversial evidence has been withdrawn by the Prosecutor before trial. However, there is still room for improvement. For example, some judges have an insufficient understanding of the rules, and others are reluctant to apply to exclude illegal evidence, so that many cases are not tried in a standard way. After research, two problems are to be solved On the one hand, the ability of Court to try cases impartially should be further improved, on the other hand, there is improvement room for the exclusionary rules of illegally obtained evidence. In short, there is a long way to go since too many barriers are in the way to the implementation of the exclusionary rules of illegally obtained evidence.