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德国刑事诉讼证据制度通常被认为具有大陆法系国家的典型特征。但从其证据制度的立法角度来看,它没有独立的证据法典,其刑事证据规则多散见于刑事诉讼法典中,蕴含在证据原则和一般程序规定里。学界对德国刑事证据规则的理解仍存在误区。在目前的司法实践中,联邦最高法院和联邦宪法法院有关诉讼程序问题的判例对证据规则的确立和发展起着举足轻重的作用。德国刑事证据的排除规则对我国有借鉴意义。
The German system of evidence of criminal procedure is usually considered to be typical of civil law countries. However, from the perspective of its evidence system, it does not have an independent code of evidence. Its criminal evidence rules are often found in the criminal procedure code and are contained in the principles of evidence and the general procedural rules. The academic community’s understanding of German rules of criminal evidence is still misunderstood. In the current judicial practice, the jurisprudence of the Federal Supreme Court and the Federal Constitutional Court on litigation issues plays an important role in the establishment and development of evidence rules. The Exclusion Rule of German Criminal Evidence Has Reference Significance to Our Country.