On The Exclusionary Rule Of Illegally Obtained Evidence

The rule exclusion of illegal evidence is a very important content, which belongs to the theoretical research about lawsuit and judicial practices in the modern country governed by law. The research of illegal evidence exclusion cannot only enrich the holistic research of the evidence law theory in our county, but also can accelerate the evidence legislation in our country. And it has significant meaning to refrain police violence force which still appear in judicial practice despite it has been forbidden for may times as well as to strengthen the safeguard of human rights, to realize the of justice. The research about the illegal evidence rule of my country stared relatively late, so the theoretical research isn't mature. Now there are three basic viewpoints in academic circles toward the foundation of illegal evidence exclusion rule: negative theory, positive theory and eclecticism theory. And the eclecticism theory is the leading point. The legislation of the rule of exclusion of illegal evidence in our country is something behind the time, which could not satisfy the need of the judicial practice. Criminal procedure law in our country do not stipulate the exclusion of the illegal evidence officially, "the rule of exclusion of illegal evidence stipulated by the highest judicial organization is also fabricated because of having no entity construction rule procedure safe guarding rule. As first, the author explains some basic conception about the illegal evidence exclusion rule, expatiate a series of issues of illegal, illegal evidence and exclusion. The aim of this part is try to clear some blurred cognition in the academic circles of evidence and the law. Secondly, on the basis of the systemic introduction about the illegal evidence exclusion rule of the foreign country, this article analyzes the value of the illegal evidence exclusion rule. At last, combining with the legislation, judicial practice, and theoretical research of my country, this article puts forward to establish the total principle of the illegal evidence exclusion rule in China and offer some concrete suggestions about it.