On The Rule Of Excluding The Criminal Illegal Evidence

The debate on the theory and practice of the rule of excluding the criminal illegal evidence in two legal systems has been lasting more than a century. But there is no dissidence to its value. All the countries universally admit that the pursuit of the fact isn't the exclusive aim in the criminal procedure. It should be handicapped by the rationale of protecting the citizen's primary rights. It's necessary to leave spaces to balance the value when we establishing laws. The article clarifies systematically the development of the rule of excluding criminal illegal evidence through contrasting and analyzing the rule in two legal systems. They have many experiences in building and using the rule, and they have assessments about its social effect and expense. The experience they have should be using for reference when we set out our own rule of excluding the criminal illegal evidence. Basing on it, the author has analyzed profoundly the actuality and existent problems of the rule of excluding the criminal illegal evidence in our country .Then drawing a conclusion that we should establish the rule in China. And the theories the rule basing on are protecting human rights and justice procedure. Finally ,the author has brought forward her own conceivability about how to establish the rule of our country .The purpose the author per suiting are making the rule fit for the facts of China and practical justice .