Economic Analysis To Exclusionary Rule Of Illegal Obtained Evidence

An economic analysis to the exclusionary rule of illegal obtained evidence, is a method to research the exclusionary rule of illegal obtained evidence which is on elementary theory, the viewpoint and the approach of economics. The aim is to analyze how to reasonably establish the exclusionary rule of illegal obtained evidence,and safeguard criminal prosecution entity and procedure fair. The article attempt to carry on the analysis of the exclusionary rule of illegal obtained evidence from the angle of the construstion of the facts of verdicts. Besides the introduction and the conclusion,the article is divided into five parts. The first part has carried on the definition to the illegal evidence, and proposed the market supposition of the exclusionary rule. The illegal obtained evidence is unable to satisfy the valid, but possibly has the authentic intrinsic value actually. Thus,it needs to establish the reasonable exclusionary rule of illegal obtained evidence to carry on the reasonable disposition to the right resources, and maximize the validity and the objectivity of the facts of verdicts by the reasonable use of illegal obtained evidence; From the analysis to the illegal evidence supplies and demand, and the cost and profit of the exclusionary of the illegal evidence,second part and the third part had separately expounded the policy-making basis of the establishment of the exclusionary rule of illegal obtained evidence. Because the high request of accuracy of the construstion of the facts of verdicts, the high cost of collection of legal obtained evidence and the deficiency of judicial resources, the scarcity evidence, the public security organ, the procuratorate and the court choose the illegal channel stemming from the biggest rationality to carry on the evidence collection, supply the illegal obtained evidence. Because of hazardous nature of the illegal collection of evidence ,the illegal obtained evidence supplies receives the influence of the state intervention. Facing illegal evidence, different bodies'illegal evidence demand exist very big difference because of the different lawsuit status, the different value orientation,. The establishment of the exclusionary rule of illegal obtained evidence need to hold down the contradictory of supply and demand. The illegal obtained evidence is unable simultaneously to satisfy the validity and accuracy of the construstion of the facts of verdicts. In order to realize biggest exchange between the validity and the objectivity of the facts of verdicts, the establishment of the exclusionary rule of illegal obtained evidence also needsto to consider the analysis to the cost and profit of the exclusionary of the illegal evidence. Removes the illegal evidence cost including the dominant cost and the recessive cost. The cost to excluse the illegal obtained evidence is the sacrifice of the accuracy (objectivity) of the facts of verdicts, which is decided by the credibility of the illegal obtained evidence, the importance of the object the evidence proves as well as the influence of the case. At the same time, Uncorrectthe exclusionary of illegal obtained evidence constitutes the recessive cost of exclusionary of the illegal obtained evidence. Certainly, Exclusionary of the illegal obtained evidence also has the income. It can safeguard citizen's basic right effectively, maintains the constitution and the legal authority, maintains State agency honestly, promotes the the validity of the facts of verdicts; The fourth part utilize the method of comparative analysis, introduced the exclusionary rule of illegal obtained evidence of US, England, Germany, Japan as well as Canada, pointed out the localization of the establishment of the exclusionary rule of illegal obtained evidence; In the final part, the author has combed the present legislation about he exclusionary rule of illegal obtained evidence in our country, has analyzed the flaw, had inquired about the local factors which restrict the establishment of the exclusionary rule. In this foundation, the author proposed that, our country must reasonably determine the illegal evidence removes standard being clear about, automatically removes to the illegal expression evidence implementation, decides after deliberation to the illegal in kind evidence implementation removes. At the same time the author has carried on the essential discussion to correlation proof responsibility sharing with the proof standard.