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证据禁止理论是由德国学者Beling于1903年提出,与英美法系非法证据排除规则异曲同工,经过国外学者一百多年的研究,该理论已形成通说。他山之石可以攻玉,笔者在此引介证据禁止基础理论,意在以扣押为例探讨我国非法实物证据的禁止问题,具体解析扣押物行为的法律规定,说明哪些规定构成了扣押证据的禁止规范,违反扣押禁止规范取得的证据,法院能否使用?如果法院采纳,其采纳的标准和理由是什么?
The theory of evidence forbidding was proposed by German scholar Beling in 1903, which is similar to the rule of exclusion of illegitimate evidence in Anglo-American legal system. After more than one hundred years of study by foreign scholars, this theory has been formed. The stone of other hills can be used for jade. The author hereby introduces the prohibition of basic theory of evidence and intends to use the seizure as an example to discuss the prohibition of the illegal physical evidence in our country. It also analyzes the legal provisions of the seizure behavior, and states which provisions constitute a prohibition on the detainment of evidence Norms, nor the evidence obtained in violation of the prohibition on seizure, can the court use it? If the court adopts it, what are the standards and justifications adopted?