On The Exclusionary Rule Of Illegally Obtained Criminal Evidence

The exclusionary rule of illegally obtained criminal evidence is an important part of criminal evidence rules. Stems from America, it has accepted by the legislation of most countries and has been an international principle of criminal action after being spreading for more than 100 years. In China, the exclusionary rule of illegally obtained criminal evidence is being constructed and many problems on theory and practice are still in discussion. This thesis tries to provide reference to the exclusionary rule of illegally obtained criminal evidence.This thesis has five parts. The first part is a summary on illegally obtained evidence, and it definite the concept and category of illegally obtained criminal evidence; the second part is a comparison of related rules in U.S.A., U.K., Germany, Japan and U.N.; the third part analyzes the function of such a rule on maintaining the dignity of the Constitution, safeguarding citizens' right, enhancing the stateliness of trial, and regulating polices' process of taking evidence; the forth part is the exclusionary rule of illegally obtained criminal evidence of China, it also analyzes China's legislation and judicial condition and different theories on it; the fifth part is an assumption on the ideal exclusionary rule of illegally obtained criminal evidence, in this part theauthor raises the principle, application proceeding, proof responsibility, proof standard and supporting measures of the exclusionary rule of illegally obtained criminal evidence.