On Perfection Of Exclusion Rules Of Criminal Illegal Evidence In China's Criminal Procedure

The exclusion rules of the criminal illegal evidence have a very important position in the evidence rules of the criminal procedure, and are an important portion of the admissible rules of the evidence rules. The exclusion rules are very important to the legal and social values. The exclusion rules dated back from the early 20th century in the United States, then were accepted by other countries in various degrees. China has gradually improved the exclusion rules of illegal evidence, and its purpose is not only to exclude illegal evidence itself, but also through the illegal evidence exclusion to prevent officers from illegal behavior which may be occurred in criminal justice, to achieve protection of human rights and achieve purposes of the justice's litigation value.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. At present,although the negative attitude is taken to the action of illegally collection evidence, but the straightforward and maneuverable regulation to the exclusion rules of the illegal evidence has still not been made out . Although the shortcoming was repaired in some extent by the related criminal legislation and judicial interpretation, however, their regulation is not used to restrict the judicial practice concretely due to the rough of the regulation. In recent years, with the exposure of the injustice and wrong cases, such as She Xianglin and Du Peiwu, the action of the juridical department infringing the legitimate rights of citizens and collecting evidence illegally, has already aroused the people's strong dissatisfaction, has harmed the image of the judiciary, and has also undermined the goal of justice.The research method in this text writing adopted lengthways history analysis, horizontal comparison, instance and analysis methods, but in spite of which kind of methods all for carrying on an analysis to concerning the concept and system to corroborate guarantee human rights,fair judicatory of the litigation method learn principle, making the own standpoint have stronger conviction.This text is divided into four major parts to launch treatise. The first part discusses the related Concepts, the background and the balance of the value of the exclusion rules of illegal evidence. We believe that the exclusion rules of criminal illegal evidence in our country must adhere to the principle of balancing interests, making greater than the losses, both to ensure social stability, safeguarding the legitimate rights and interests of citizens. thus the maximum punishment for crime and the protection of human rights, justice and entities procedural fairness, the state power and the rights of the individual, Criminal justice and the social value of effective balance to achieve the real purpose of criminal proceedings; The second part of the text objectively review and analyse theoretical research and legislation of exclusion rules of the illegal evidence of the two major typical countries of law system, including the United States, Britain, Germany and Japan. Comparing and analyzing the theoretical research and the legislation of the main countries of two fundamental laws and principles department, we obtain the inspiration for our country. The third part discusses the exclusion rules of illegal evidence of theoretical research and legislative practice, and summarizes the provisions of the existing defects and shortcomings; On foundation of the preceding context, there is the in-depth study of how to improve the real situation of the exclusion rules of illegal evidence in China in the fourth part, we discuss the improvement of legislative overall pattern, the relevant legal system, the matched measures and the realistic operability of exclusion rules of criminal illegal evidence in our country.