南阳师范学院学报2016，Vol.15Issue(8)：22-27,6.
德国证据禁止制度之类型分析与借鉴意义
Evidence Prohibition Theory in Germany: Its Types and Enlightenment for China
彭烨1
作者信息
- 1. 中南财经政法大学 法学院,湖北 武汉 430073
- 折叠
摘要
Abstract
Based on its Constitution and its criminal procedure law, Germany has developed a very well-established theoretical system of evidence prohibition, which includes the prohibition of the collection of evidence and the prohibition of the use of evidence.The evidence prohibition theory elaborates on the efficacy of the evidence obtained through either legal or illicit means in light of the different stages of criminal proceedings.The trade-off theory provides an effective theoretical basis for ascertaining the factual circumstances of criminal cases and for safeguarding the accused person's interests.At present, the exclusionary rule regarding illegally obtained evidence in China is limited to verbal evidence and physical evidence.It must be noted that the lack of related theory and legal operability has exerted a negative influence on the implementation of the exclusionary rule in China and the protection of the lawful rights of the accused.Therefore, efforts must be made to draw upon the evidence prohibition theory in Germany in pursuing substantive justice and procedural justice.关键词
收集证据的禁止/使用证据的禁止/权衡理论/远程效力/启示Key words
prohibition of the collection of evidence/prohibition of the use of evidence/trade-off theory/distance effect/enlightenment分类
社会科学引用本文复制引用
彭烨..德国证据禁止制度之类型分析与借鉴意义[J].南阳师范学院学报,2016,15(8):22-27,6.
