Research On Exclusionary Rule Of Evidence Illegally Obtained

Whether to exclude "illegal evidence"or not is one of comparatively complicated problems in criminal evidence system ,all the time there is strong dispute in law circle and judicial circle. Attitudes toward illegal evidence of different historical stages of different countries and the same country are different, reflecting that pursues the entity trully in criminal suit, punishes crimes and maintains the proper procedure , ensures human rights are weighed and chosen. This text establishes the ground first with the illegal evidence --U.S.A. law starting point, methods to use comparative analysis, exhaustive to expound content and value of Exclusionary rule of evidence illegal obtained ,analysing Exclusionary rule of evidence illegal obtained in predicament that China faces , puting forward in China to establish Exclusionary rule of illegal evidence and relevant legislative ideas of system. This text of the argumentation to Exclusionary rule of evidence illegally obtained divides into five parts mainly: First part The summary of Exclusionary rule of evidence illegally obtained. To the strong dispute of Exclusionary rule in the law circle and judicial circle at present, I think to accurate assurance them we should set out from historical background that produces and establishes environment of development . Everybody knows Exclusionary rule of evidence illegally obtained evolves from U.S.A. at first, which there are close relations with American historical background and political background , I take with famous Weekes U.S.A. case and Miranda suit Arizona State case for the example, explaining concretely the course of Exclusionary rule of evidence illegally obtained in U.S.A.'s establishing and evolution. In the history of development of criminal evidence of U.S.A., Miranda's rule indicates Exclusionary rule of evidence illegally obtained completely establishment in U.S.A. . It is a new milestone that totally links up Exclusionary rule of evidence illegally obtained and the rights of defendant, its most important meaning can't force oneself to confess himself guilty and including the fifth amendment of constitution in the illegal evidence.Meanwhile, I use the comparative analysis method , choosing several representative countries, such as Britain , Japan, Germany and the United Nations, from two respects of word evidences , tangible evidences that are made illegally separately, and the judicial practice of Exclusionary rule of evidence illegally obtained go on comparative research. Thus to comb out different countries about this rule content, draw the following conclusion: It is common understandings of various countries to get rid of the words evidences made illegally; Stipulate to various countries of tangible evidences that are made illegally that differ, some countries get rid of mandatorily, most countries do by judge's judging amount freely. Second part The current research situation of Exclusionary rule of evidence illegally obtained in our country. Our country did not have relevant regulations on Exclusionary rule of evidence illegally obtained until in the judicial explanation in 1998 , 1999, seeing that the research of exclusionary rule of evidence illegally obtained in our country is relatively late, I have defined the " illegal evidences " in the administration of justice and legislation of our country at first, namely think the " illegalevidences" in Exclusionary rule of evidences illegally obtained only refers to the government office and staff member , usually meaning the police responsible for investigation , by violating law during the process of to collect the evidences , infringing the party's rights to make the evidences . For this reason, I from legislation and administration of justice two angles, concretely introduce furtherly the research situation of Exclusionary rule of evidence illegally obtained in our country ,and clear that our country has no Exclusionary rule of evidence illegally obtained express provision in legislation of our country, but it have really appears the embryonic form in judicial explanations of our country. The third part The value and analysis of Exclusionary rule of evidence illegally obtained .Through analyzing the value of Exclusionary rule of evidence illegally obtained, I realize it is not merely one rule that the illegal evidences are got rid of from the rule, using the evidences to find out truth of the matter of the process of cognition , it is still a criminal suit entity controls and ensures two major lawsuit value and basic goal to conflict , weigh , choose the course with human rights and the justice of the procedure .So the author think that the choice of Exclusionary rule of evidence illegally obtained should reflect a kind of plural values , its basic value orientation should include the civil order , fair and individual freedom , the best choice is to coordinate the entity trully and with just procedure , punishing crimes and supporting human rights two kinds of legal value conflicts, making the two keep the maximum unity in conforming with the rational range, ideas of equilibrium of different interests and balanced values at the time of value conflict while establishingExclusionary rule of illegal evidence and reaching a certain balance between civil order and individual freedom. The fourth part The ideas to structure our country's Exclusionary rule of evidence illegally obtained. Passing the analysis of above, I think Exclusionary rule of evidence illegally obtained that our country will set up should be one kind more scientific rule to U.S.A.and Britain country, and completely be accord with national conditions of our country, such Exclusionary rule of evidence illegally obtained should focus on the balanced principle of the interests. I agree to adopt "excluding exception say"to structure Exclusionary rule of evidence illegally obtained of our country. Particularly should get rid of the evidences of the words without exception in extorting a confession by torture, and not get rid of the tangible evidences that are made illegally without exception, but should be made complement and supplement with the exceptional situation conduct at the same time while making the regulation of sense of principle that is got rid of, I think we may draw lessons from U.S.A. about this problem of the" poisonous fruit of tree " finally, namely confirm from principle " fruit of the poisonous tree " should be got rid of , but make several exceptions at the same time , if such exceptions as " independent source " , " must be found ", " weakenning gradually " ,etc…Certainly, Exclusionary rule of illegal evidence which our country will structure if without the relevant systems, will have no plans or hopes that are unlikely to be realized of basic point , so, I make the ideas of the relevant systems of the rule to imagine to the illegal evidences of our country in such respects as stipulating , burden of proof , procedural sanction mechanism ,etc. Thus to settle solid foundation...