Research On Several Problems Of The Rule Of Illegally Obtained Evidence

It has existed almost 100 years since the exclusionary rule of illegally obtained evidence was established in the beginning of the last century .Now the rule has been accepted by England, France, Germany, Japan even some international treaty .This reflects the rationalization of most country's criminal judicial procedure and the emphasis of Human beings self-valuation or dignity. We are also paying more attention on the research of the rule. After analyzing the contents of the Common Law and the Continent Law, the author tries to get some benefits for establishing the rule in China.The article consists of four parts. The first part, as the basis of the whole article, is about the connotations of evidence, illegal evidence and the analyses of the reason resulted in the illegal evidence -the violation of the due process. The second part proves the view that we should find out the values of the rule mainly according to the view of the Deterrent effect, at the same time absorbing the rational factors from the view of the Constitutional right and so on. The third part, mainly through exploring the legislation of the representative country in the world, probes the proving system and the exclusionary model of the illegal evidence. At the beginning of the fourth part, the author analyzes the causes concerned on difficulties in practicing the rule of China, proposes that illegally obtained oral evidence should be absolutely excluded and that illegally obtained real evidence should be excluded both principally and flexibly.