The Research On The Exclusionary Rule Of The Illegal Evidence

Evidence gathered by illegal means excluded in Criminal Procedure is necessary requirement of the democratization and Legalization of the proceedings. Eliminating illegal evidence rules reflected the value of human rights protection,judicial justice and the criminal benefit, it was widely acknowledged and application all over the world . USA, UK, Germany, Japan and other countries established a mature eliminating illegal evidence rules through long-term practice, and the rules has played an important role In criminal lawsuit. Now, eliminating rules of the illegal evidence in China has been established, but there are many defects as the legal status, unclear definition, no strong operation, imperfect of supporting system etc. Intending to perfect the concept of illegal evidence exclusion rules, we must first improve the legislation form to the exclusionary rule, second improve the exclusionary rule in legislation contents accordance with China's national situation, third perfect principles of judicial discretion and counsel defense system and interrogation system of criminal suspects and other supporting systems.