The Value And Institutional Creation Of Exclusionary Rule Building

Exclusionary Rule in Criminal Court of First Instance is the. most important elements, but also a regulatory evidence of ability scope rules of evidence, the core of the problem is to determine the effectiveness of illegal evidence. The rule since the 20th century was born in the United States has been controversial, but after a hundred years of development and improvement is gradually most of the world and international treaties accepted as a universal international standards of criminal proceedings. Exclusionary Rule in criminal justice practice is of great significance, it is conducive to serious judicial enforcement, judicial officers to effectively combat the illegal acts evidence; is conducive to completely correct the violations, to prevent or reduce miscarriages of justice; is conducive to effective protection of participants in the proceedings Rights, to promote public security and judicial organs and their staff changes in the legal system Unfortunately for long-term by the "heavy solid, light process"concepts, in the strict sense of the illegal evidence exclusion rules in our legislation has not been established. Despite evidence of illegal behavior support legislation prohibiting attitude, but the illegal evidence exclusion rule is not made clear. <> (hereinafter referred to as "illegal evidence exclusion") of the Exclusionary Rule conducted a series of refinement, to promote the Exclusionary Rule China has made important contributions forward. Meanwhile, illegal evidence exclusion rule also has an important role in theoretical research. Of course, in order to Exclusionary Rule in China to establish and implement step is unrealistic. Therefore, this article seeks to exclude evidence of illegal conduct a more comprehensive introduction to the rules and comment on the illegal evidence exclusion rules in our issue of the construction and improvement of the law school can be considered masters of their own thinking and a hasty conclusion, hope of Illegal Exclusionary rule of evidence helpful to the development of the theory.The first part discusses the meaning of illegal evidence exclusion rule. Related to illegal evidence exclusion rule from the concept, the illegal evidence exclusion rules described the historical background, and compared the country of illegal evidence exclusion rules specific system; second part of the illegal evidence exclusion rules based on different theoretical basis and analyze the value of; the third part of the status of illegal evidence exclusion rules; fourth part of the country needs to establish the causes of illegal evidence exclusion rules; fifth part is perfecting the concept of illegal evidence exclusion rule.