论德国的证据禁止法则及其借鉴意义-诉讼法学专业论文.docxVIP

讯逼供现象，同时还有助于固定证据，保护侦查人员。我国刑事诉讼程序中没有设置庭前 审查程序，各种证据基本都能进入审判程序，由法官进行调查，进而形成心证。因此有必 要要求法官在做出裁判时，说明定罪所依据的证据以及采纳的理由，以便于对其裁判过程 的合法性和合理性加以审查监督。 关键词：证据；取得禁止；使用禁止；人权 Abstract Evidence is a very important element in criminal. Collecting and applying evidence correctly are the sticking point of the procedure. In order to do this more effectively, the investigation agencies have been given a lot of powers .however, these powers are often caused the violation of the fundamental rights of citizens. The functions of criminal procedure are not only to find out the truth, but also to protect human rights and indemnify the justice of course. Therefore, it is necessary to limit the right of investigation and prohibit the use of the illegally obtained evidences by the judge. This paper will begin at study of the background, the specific content, functions and research value of the evidence prohibition rule in Germany, compared with the exclusionary rule in the United States, then make a comprehensive analysis of the legislation and practice about our country, and finally put forward the concept of how to build the evidence prohibition rule and the supporting systems in our country. The main text of this essay involves more than 33,000 words and is divided into three chapters mentioned below. The first chapter expounds the connotation, functions, and value of the evidence prohibition rule in Germany. It involves two parts: obtain prohibition and employ prohibition. The former means that the action of investigation agencies must comply with the law, the latter means that if the evidence was obtained illegally, the judge can’t use it to declare the suspect guilty. The evidence prohibition rule can prescribe the act of agencies, protect human rights and make the judgment legal and justice. Both German and our country are civil law countries, there are many similarities in criminal legislation and procedure. It is feasible to build the evidence prohibition rule in our country. The second cha