论文部分内容阅读
非法证据排除规则作为限制公权的重要规则,体现着立法者的价值判断以及处理程序公正和实体公正二者关系的不同态度,是在犯罪与保护公民权利这两种价值的权衡与选择,因此导致这一规则为广泛立法所接受的同时,也在不断地被限制,其适用范围在不断地缩小。“善意例外”即是该规则的一个例外情形,以保证司法活动的顺利进行。
The rule of exclusion of illegal evidence as an important rule restricting public rights embodies the different attitudes of lawmakers’ judgments on value and the relationship between procedural fairness and substantive justice. It is a trade-off between the two values of crime and the protection of civil rights. Therefore, As a result, this rule has been accepted by extensive legislation and is also being constantly restricted. Its scope of application is constantly shrinking. “Goodwill exception ” is an exception to the rule to ensure the smooth progress of judicial activities.