The Study Of Exclusionary Rules

Exclusionary rule of evidence illegally obtained is a rule of evidence that standardizes the qualification of evidence, whose central question is to define its effect. The rule originated from the countries of Anglo-American law system. Nowadays, it has been differently confirmed by major countries. The laws of different countries and different stages in a country have had different attitude to its effect, for the restrictive factors interact such as value of lawsuit, aim of lawsuit, tradition of legal culture, conditions of crime, political needs, judicial resources and so on.Exclusionary rule of evidence illegally obtained means illegal evidence isn't adopted as a basis of ascertainment of facts. Illegal evidence is an evidentiary material which is illegally obtained. The rule has important value, real significance, theoretical significance and function. Exclusionary rule of evidence illegally obtained is one of the most disputed evidence rules in the domain of criminal evidence. Because it embodies the conflicts and concerts between the two aims of value of punishing crimes and protecting human rights. Whether to comply with the traditional aim of punishing crimes or rising high the modern flag of protecting human right is a difficult problem ever perplexing the theory and the practice of criminal action of every country.At present, the legal norm of our country doesn't confirm the entire rule, but there are many claims in the course of researching it in the law circle. The article tries to establish the exclusionary rule of evidence illegally obtained in our country, integrating the current situation of the legislation of our country and national situation, through the analysis of the theoretic, based on which exclusionary rule of evidence illegally obtained produces and of the theoretic inspection and use for reference of foreign exclusionary rule of evidence illegally obtained, in order to achieve to improve legislation and to normalize judicial practice.Basing on the points above, the author conceives how to improve the rule in our country. The author thinks the rule would be established in our evidence codes and we ought to select its model according to the tradition of legal culture, social current situation and character. So the author advocates to select the model that excludes the illegal evidence and also advise to set up the procedural sanction system in our country.The chapter one is the foreword. The chapter two is the survey of exclusionary rule of evidence illegally obtained, involving the conceptions, the features, the division and the author defines its range and classifies it. Chapter three is about the produce and the course of development of exclusionary rule of evidence illegally obtained. Chapter four demonstrates and studies the theoretic bases on which exclusionary rules of evidence illegally obtained produces and its value. The chapter five evaluates the theories and practices of foreign exclusionary rule of evidence illegally obtained and inspects emphatically the legislation and the judicial practice of America, England, Germany and Japan. Chapter six inspects states and evaluates the legislation and the theoretic situation of the issue of exclusionary rule of evidence illegally obtained in our country. Chapter six puts forward the idea of the establishment of exclusionary rule of evidence illegally obtained in our country after elaborating the necessity of the establishment of exclusionary rule of evidence illegally obtained. The author advocates set up the system of procedural sanction in our country. The chapter seven is the epilogue.