Study Of The Exclusionary Rule Of Illegally Obtained Material Evidences

Whether illegally obtained material evidences can be used to decide on a verdict concerns the conflict and selection of criminal procedure values and affects the developing orientation of criminal procedure, so it has been followed with interest by criminal procedure theory in every country. Restricted by many different factors, such as legal traditions, public order, criminal policies, purposes of criminal proceedings and criminal proceeding structures, specific countermeasures against it are quite different in different states, even if in the same state but in different periods. Both criminal procedure and judicial explanations in China request compliance with criminal procedure in obtaining material evidences and forbid obtaining them illegally, but they have both dodged the legal effect of the material evidences obtained illegally, so there have existed many heated arguments about it. How to handle the legal effect of the material evidences obtained illegally has been an important research task lying ahead of jurists and judiciaries. Making a thorough study of it is undoubtedly of great significance to perfect criminal procedure and norm judicial practice.By studying and contrasting the exclusionary rule of material evidences obtained illegally in some typical nations and districts, this paper firstly revealed the law of emergence and development of the exclusionary rule of material evidences obtained illegally and its theoretical basis. Secondly, it evaluated different viewpoints about the rule, proposed and explained that there were two stages inestablishing the rule in China. Finally, it designed series of operation sequences for the rule, such as start, affirmation, burden of proof and standard of proof, so as to fulfill it successfully.