Research On Illegal Evidence Exclusion Rules

In 1998, the Supreme People's Court issued the Interpretation of Issues about Implementing the PRC Criminal Procedure law. The article 61 of it has regulated the Rule of Illegal Evidence Exclusion for the first time in China, and formed the prototype of this rule. In 2010, the Supreme People's Court issued two regulations. One is the Rule of Illegal Evidence Exclusion in Criminal Cases, and another is Judge the Evidences in the Death Penalty Cases. Two regulations provide the law point for the cases about the illegal evidence exclusion and make the great progress. We can not exclude illegal evidence only by the 61 Article. And this is the reason of the Injustice of Du Peiwu. Adding the Rule of Illegal Evidence Exclusion in Criminal Cases, and Judge the Evidences in the Death Penalty Cases, whether we can exclude the illegal evidence?I think we should set up in the pre-trial and pre-court, cut away the process of the illegal evidence into the formal trial, establish the Exception System illegal evidence and China's Miranda rule.