The Analysis Of The Exclusion Rule Of The Criminal Illegal Evidence In Our Country

On May 30,2010, the Supreme People's Court,the Supreme People's Procuratorate,the Ministry of Public Security,the Ministry of State Security,and the Justice Department jointly issued《Regulations on Handling Criminal Cases of illegal evidence exclusion of certain provisions of the problem》. This regulation is intended to regulate the chronic and stubborn disease—"confession by torture". After decades of hot disputes about the rule of the illegal evidence exclusion this Regulations stipulate clearly about the concrete contents and the specific procedure of the rule of the illegal evidence exclusion for the first time, and lay a solid foundation for the application of this regulations in practice. As a great achievement of the reform of our criminal justice system, this regulation is of milestone significance in the history of evidence in our country and demonstrates the development of criminal prosecution in the direction of further democratization and the positive effect of this regulation can never be inestimable.In this paper, I will take one of the ten classic criminal cases in 2010 called "zhao zuo hai case" which has aroused broad attention and caused great sensation in both society and academic and theoretical field as foreword, and introduce the concrete contents and application procedures about the newly issued regulation:《the exclusion rule of illegal evidence》in detail. This paper is divided into six parts:The first part is about the description of Zhao Zhuohai case. In this part, it describes the investigation of the case and the process of collecting the evidences and gives brief comments and analysis of the case. The second chapter of this article gives a broad account of the exclusionary rule of illegal evidence and provides the conception and meaning of "illegal evidence" and "exclusion". The third chapter concerns with the theoretical basis and value analysis of the rule of illegal evidence exclusion. The value system of the elimination rule includes the protection of human rights and the procedural justice. The theoretical basis includes the relief of rights, the theory of illegality control, judicial probity, and the equilibrium theory. The fourth chapter focuses on the present legislative enactment condition and the specific applicable procedure of the exclusionary rule of illegal evidence in our country, which builds up a platform for the rule to be put into practice from theoretical field to reality. The fifth chapter discusses several hot disputes and the status quo of the implementation of the exclusionary rule of illegal evidence in our country. This chapter talks about the controversial issue of the rule and the running plight we meet in practice since its enactment. The last chapter is about the establishment of the supporting systems of the exclusionary rule of illegal evidence which contains the supporting systems of the principles, the supporting systems of the costs and the supporting systems of related regulations.