Previous studies mainly explained the reasons why illegal evidence could not be effectively excluded from institutional level of crude illegal evidence exclusion rule. However, the explanations are not sufficient. From the level of results, non - ex- cluded illegal evidence means illegal evidence is adopted to a large extent. Studies on why illegal evidence can not be excluded effectively should deeply analyze the inner reasons why judges adopt illegal evidence. The formalism of evidence use by judges, the subjectivism＇ s tendency of criminal law, the excessive seeking for probative force rules by substantive justice departments and other factors are the important reasons induce judges to adopt illegal evidence, which results in that illegal evidence is difficult to be excluded effectively. Therefore, as for the regulation of illegal evidence exclusion, we should not only improve illegal evidence exclusion rule, but also consider the supply of evidence information, the adjustment of substantive criminal law, the conversion of proof methods and the construction of evidence canaeitv rules.%既往的研究太多从非法证据排除规则粗疏这一制度层面解释非法证据难以有效排除的原因,但这并不充分。从结果层面而言,非法证据没有被排除在很大程度上意味着被采纳。对非法证据难以有效排除的研究必须深入解析法官采纳非法证据的内在原因。法官证据运用的形式主义化、刑法的主观主义倾向以及司法实务部门对证明力规则的过度追求等因素,是诱发法官采纳非法证据的重要原因,并由此造成了非法证据难以有效排除。在非法证据排除的问题上,我们不能仅限于非法证据排除规则的完善,还需将证据信息的供给、刑事实体法的调整、证明方法的转换以及证据能力规则的建设等均纳入视野。
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