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西 南 交 通 大 学 毕业设计（论文） 刑事非法证据效力问题研究 Research on the effect of illegal evidence in criminal 专 业:法学  摘 要 刑事非法证据是否具有法律上的证据效力，在我国法学界一直论不休这场论的中心议题是刑事诉讼法虽然对刑事证据运用作了相关的规定，在一定程度上能够体现惩罚犯罪和保障人权相结合的诉讼目的。但从具体方面而言，却存在着立法不完善、司法实践中难以操作等若干问题本文尝试对我国刑事证据的理论、立法以及司法实践进行研究，借鉴其他国家证据相关规定，借鉴其他国家的相关规定 关键词：非法证据 法律效力 排除规则 Abstract Whether evidence of criminal illegal evidence on the effectiveness of law in China has been in constant discussion in our jurisprudence. The central theme of this discussion is how to define in law the legal effect of the criminal illegal evidence, then what kind of establishment in our countrys criminal illegal evidence exclusion rule. Although the Criminal Code of Criminal Procedure 1996, the use of illegal evidence made relevant provisions, to a certain extent, to reflect the punishment of crime and protection of human rights litigation purposes combined. However, in terms of specific aspects, but there is inadequate legislation, judicial practice, and so difficult to operate a number of issues, in the final analysis because of our evidence for criminal illegal validity of and what kind of legal effect is also in dispute. This article attempts to theories of criminal illegal evidence, legislation and judicial practice, research, learn from others on the relevant provisions of the criminal illegal evidence from Chinas actual national conditions, the evidence on the effectiveness of the Criminal illegal to conduct a comprehensive analysis of research, seeking to promote its perfect. The article first of the criminal illegal concept and types of evidence were defined, then the different views of foreign and domestic scholars, the evidence of the effectiveness of the criminal illegal theoretical analysis, by sub-type letters De Chu said in mining, different treatment that, eliminate the false and retain the true transformation that leads, add an exception rule that discrimination measure conversion, said that of six exclusion theory. On this basis, by i