Research On The Exclusion Rules Of Illegal Proves

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 , putting 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...