Research On The Exception Of Illegal Evidence Exclusion

The exception of illegal evidence exclusion rule refers to the situation of not apply to the illegal evidence exclusion rule or can adopt illegitimately obtained evidence. The exception of illegal evidence exclusion rule is an indispensable part of the exclusionary rule. So-called principled there will be exceptions, a perfection of principles and rules, will allow exceptions to appear. Because, exceptions are turning to rules and eventually developing perfect symbol of maturity. The establishment of reasonable exceptions not only can alleviate to rigidly execute rule, but also to effectively expand the whole function of institution. Therefore, the study of the illegal evidence exclusion rule at the same time, deal with the exception of illegal evidence exclusion rule to study together, and the rules could not attend, one-sided emphasis on one hand, on the other hand, while ignoring the research. Both must insist on illegal evidence exclusion rule and should take the illegal evidence exclusion exceptions settings for best choice square.Illegal evidence exclusion rule has been established in our country in recently year by publishing related judicial interpretation. This is not only our country criminal evidence system reformed to obtain the important achievements, but also an important symbol of criminal lawsuit further legalization and democratization. To improve the law enforcement staff handing level, prevent the occurrence of incorrect case will surely have a vital role. At present, illegal evidence exclusion rule has been established in our country, we should turn sight to how to ensure that illegal evidence exclusion rule effectively enforced, and constantly develop perfect it up. And for illegal evidence exclusion rule set up some specific exceptions, is the symbol of illegal evidence exclusion rule in the gradual development of the perfection and maturity. Under the guidance of the legal exception principle, equal stress on both the substantive justice and the procedural justice principle, ensure the authenticity of evidence principle, the author puts forward the exception of illegal evidence exclusion in specific settings. Including:The country's interests, the social and public interests exception, Good faith exception, Flaws evidence exception, Incidental search exception, Agree with search exception, corrections exception.