The Research Of The Elimination Rule Of The Criminal Illegal Evidence

The elimination rule of the criminal illegal evidence becomes the focus among the legal science from the date of production , this rule's establishment in many nation is the inevitable result in the humanities' regarding the criminal prosecution rule and hazardous nature of the illegal gaining evidence day by day, also is the inevitable request of the human civilization and democracies' progress. But our national elimination rule of the illegal evidence is extremely imperfect, which has no alternative but to say, is one of important reasons of all kinds of criminal judicature stubborn illness such as extortion of confession by torture and the ultra time taking into custody and so on . Many experts appealed establishing the complete elimination rule of illegal evidence in China along with our national judicial reform and the human rights safeguard valued.From the way to how to construct our national illegal evidence in this article, I has analyzed the illegal evidence essence and the concrete and procedural safeguard mechanism of the elimination rule, has studied this rule value system in this foundation, and to the domestic and foreign legislations, the judicial practice and each theory carried on the inspection, the analysis, the appraisal, finally drew the conclusion. This article divides five parts except the introduction to be partial: I use comparative analytic method to analyze the illegal evidence essence, the concrete and procedural safeguard mechanism in the first part, which lay the foundation of how to construct our national elimination rule of the illegal evidence. In the second part I used the value analytic method to analyze the value system of the elimination rule of the criminal illegal evidence .In third part I used the value analysis, the comparison test to study two big legal systems regular systems, and summarized their beneficial procedure. In the fourth part I mainly use the method of theory to reality, analyzed the present situation of the rule of the necessity, the feasibility. Finally I summarized this article research results, the first part is the basic principle of the elimination rule of the criminal illegal evidence; the second is the concrete rule, the concrete rule divides into the concrete technical support mechanism and the elimination rule of the illegal expression evidence. Finally, I forecast this rule's consummation in our country.