A Study On The Exclusion Rule Of Illegal Evidence And Its Construction In China

The problem of adopting or excluding illegal evidence has always been focus of disputes in criminal procedure law fields. This thesis, from historical prospective, explores its origin and development and present operation of the Exclusion Rule of Illegal evidence, as well as relative historical background and systematic elements. It also endeavors into parallel comparative study of the Rule's institution and operation in typical countries of both Continental and Anglo-American legal systems. Observing that this Rule has been widely established in legal states, the author examines in detail the internal value of the Rule per se and its operation value in criminal procedure. Moreover, the author argues that how a country processes illegal evidence is not a technical problem, nor the mention haphazard, but one that is significantly influenced and checked by factors like it's legal cultural tradition, political situation and value orientation of criminal procedure.However, it should be noted that China, detective skill is rather backward in common, that illegally obtaining of evidence often happens, and that is urgent need to guarantee human rights. At the same time social maintainly stability requires striking crimes strictly. Considering this social status quo, the writer holds that the Exclusion Rule of Illegal Evidence in our country should be designed in combination with "Legal Exclusion" for illegal oral evidence and "Directionary Exclusion" for illegal material evidence. Furthermore, he attempts to put forward constructive advice on concrete regulations settings in this respect.