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美国联邦宪法第四修正案的证据排除规则是一项饱受争议的排除规则,曾经历过从严格适用到不断受限的发展过程,赫灵案的判决进一步削弱了该规则的基础。在未来,对该规则进行限制在相当长的时期内仍是一种主流趋势,其例外规则的适用范围将进一步得到扩张,而该规则本身的适用范围也将被进一步缩小。中国目前初步建立起了非法证据排除规则,在具体运用该规则时应当从美国的发展历史中学到一些经验。
The rule of exclusion of evidence in the Fourth Amendment to the U.S. Constitution is a controversial exclusionary rule that has gone from being strictly applied to a continuously restrictive development process. The decision in Herring further weakened the basis of the rule. In the future, restrictions on the rule will remain a mainstream trend for a considerable period of time, and its scope of application of the rule of exception will be further expanded, and the scope of application of the rule itself will be further narrowed. At present, China has initially established the rule of exclusion of illegal evidence and should learn some lessons from the history of the United States in the specific application of the rule.