On Procedural Control Of Illegal Criminal Evidence

What we need in our legal system is not the American exclusionary rule of illegally obtained evidence, neither the Germanic exclusionary rule. The automatic transplant would not handle the problem we meet directly; on the contrary, it may be harmful to the law system we established already. But there is no doubt that the "exclusionary rule" has its own rationality. And our value intention is changing from focus on de facto truth to the due process.On the basis of ruling by law, this essay is trying to leave the discussion for certain rules and set up a series strictly tying up procedure of detection, criminal examination and public prosecution, the auditing and exclusionary procedure for illegally obtained evidence, to control the illegal behavior of evidence collection. Use due process to control illegal collection of criminal evidence and to exclude the illegally obtained evidence off the trial procedure. The essay quests for three aspects, including the forming of a Chinese characteristic controlling procedure of criminal evidence collection, the excluding of illegally obtained evidence and illegally collection of evidence, effectively.The essay contains five chapters, starting with the concept of procedural control and the value of process, set up a series strict process of criminal evidence collection and examination. The essay puts forward a totally new method of classification for material evidence, in order to build up a Chinese exclusionary rule for illegal material evidence. The new method improves the auditing and exclusionary procedure for criminal illegal evidence. The purpose of this essay is through the procedural controlto exclude the illegally obtained criminal evidence in practice completely.