Uncorrect Understanding Of Illegally Obtained Material Evidences And Response

evidence system is the backbone of the criminal procedure,illegally obtained evidences is the core-problem of the criminal evidence system.although illegally obtained material evidences belong to illegally obtained evidences,people don't pay attention to it.two relus of evidence has firstly created the exclusionary rule of illegally obtained material evidences.our legislation,justice and research don't correct understanding of illegally obtained material evidence.for example legislator don't find the nature of illegally obtained material evidence,justicer excluses the illegally obtained material evidences in the standard of the truth.the researcher solve the problem in transplanting the foreigner's procedure.if they don't change this understanding,we willn't solve the problem.so the author will explain his opinion from two points.the first is correct understanding of illegally obtained material evidences,the second is how to solve the problem.this article is divided into four chapters.chapter 1 is about the exclusionary rule of illegally obtained material evidences in some typical nations.this chapter is divided into two parts,the first is introducing the status of foreign country.the second is concluding the same character between these countries. illegally obtained material evidences is related to investigators'behavior.the purpose of judging illegally evidences is protecting human rights. chapter 2 is about the status of our illegally obtained material evidences.this chapter is divided into four parts. the first is about uncorrect understangding of legislator; the second is about uncorrect understanding of justicer;the third is about uncorrect understanding of researcher;the forth is concluding.the opinion of author is correct understanding the nature of illegally obtained material evidences and analysising the ability of evidence.chapter 3 is about the correct understanding of illegally obtained material evidences.this chapter is divided into three parts.the first is about the concept.illegally obtained material evidences mean paries'rights are violated or investigators substantive violated the procedure;the second is about basic theory. the third is about legal consequences.excluses the illegally obtained material evidences is one of the consequences.illegally obtained material evidences don't mean absolutely unability.Chapter 4 is about the manifestaions of illegally obtained material evidences.this the chapter is divided into two parts.the first is introducing.the second is concluding the ability of various illegally obtained material evidences .in author's opinion illegally obtained material evidences have three types.they are violating constitution rights,violating procedure rights and violating procedure.