The Exclusionary Rule Of Illegally Obtained Confession

If "the exclusionary rule of illegally obtained evidence is the core of criminal evidence ", the exclusionary rule of illegally obtained confession is the core in the core of the criminal evidence. There are two kinds of views concerning the theoretical foundation about the exclusionary rule of illegally obtained confession: the theory of voluntariness and the theory of excluding illegality. The former is embodied in the theory of excluding false evidence and the theory of safeguarding human rights. The exclusionary rule of illegally obtained confession exists in both the Anglo-American law family and the continental law family, but the ranges of the illegally obtained confession in those countries are different. The reason lies in that they adopt different theoretical foundations concerning the exclusionary rule of illegally obtained confession. America adopts the theory of excluding illegality, while U.K., Germany and Japan adopts the theory of voluntariness based on the theory of safeguarding human rights. Any procedural rule should consist of substantial rules and procedural rules, otherwise it is an imperfect procedure rule. A perfect exclusionary rule of illegally obtained confession should also be formed by substantial rules and procedural rules. In order to ensure applying the exclusionary rule of illegally obtained confession, countries like U.K and America have complete procedures for excluding illegally obtained evidence. The judicial explanations of the People's Supreme Court and the People's SupremeProcuratorate of PRC have established the embryonic form of the exclusionary rule of illegally obtained confession in our country, which still has substantial and procedural defects. I, by analyzing our national law culture background and social security environments, propose to perfect the substantial exclusionary rule of illegally obtained confession on the basis of the theory of safeguarding human rights in terms of comparative law, and also propose the frame of the procedural exclusionary rule of illegally obtained confession from the way of starting the procedure of excluding illegally obtained confession, the stage of proposing excluding illegally obtained confession and the referee, the proof in the procedure of excluding illegally obtained confession, the adjudication and appeal etc. Certainly, no system exists in isolation. Every system needs the support of related systems. Effectively applying the exclusionary rule of illegally obtained confession depends on the foundation and perfection of the following systems: video recording of the whole interrogation, lawyer present during interrogation, investigator testifying in court and sentence discounts, etc..