摘要
目前学界对非法证据规则的研究兴趣多集中在其产生背景、价值、发展、构建等方面,鲜有对非法证据排除规则运用中检察监督问题加以研究探讨。本文从中国的宪政状况和实际国情出发,提出并论证建构一种"以检察机关排除为主、以审判机关排除为辅"程序,即主张确立检察机关在非法证据排除规则运用中的主要主体地位,并辅以相关的配套工作机制与措施,从而为确立中国特色的非法证据排除规则提供有力支撑。
When the modem police was established in 1820s in England, the police were just like ordinary people who did not have power to interrogate the suspects. Later, the power of interrogation was developed by the police and was approved by the judges through the case law, especially the Judge＇s Rules developed in early 20th century. In 1980s, the power of interrogation was codified. The Police and Criminal Evidence Act 1984 and its practice codes regulate the process of interrogation strictly in order to protect the individual＇s rights. However, ten years later, the Criminal Justice and Public Order Act 1994 restricted the suspects＇ right of silence. In general, the power of police interrogation is expanding, and the judges and legislators always try to keep the balance between the police power and the individuals＇ rights.
出处
《犯罪研究》
2011年第2期92-95,111,共5页
Chinese Criminology Review
关键词
非法证据排除
检察监督
工作机制
police in England and Wales
police interrogation
judges＇ rules
right of silence
