On Illegal Evidence Exclusive Rules

In recent years, although Evidence Law will be promulgated and amendment of Criminal Procedure Law will has been the issue of the legislature, inquisition by torture of the public security organs occurs repeatedly. Thus, the illegal evidence exclusive rules raises the author's deep thought.The illegal evidence exclusive rules have practiced for a nearly century in western countries. The fact proved that this rule is significant to legal civilization of a country. This rule develops slowly in our country and does not belong to "law without proclaimed in writing" of the huge legal system. Although the criminal procedure law indirectly removes illegal words evidence, other illegal evidence has removed without proclaimed in writing, which results in the difficult development of the criminal procedure law which dissociates from modern international legal civilization. Thus, on the basis of many scholars' detailed proofs, the author makes the jurisprudence value of this rule definite on the precise definition of evidence, legal evidence and legal evidence exclusive rules, i.e. the author reiterates the human rights safeguarding, formula justice and exclusive false theory on the discovery of safeguarding human rights, defending legal honor and promoting case sustainable truth, and demonstrates that localization of the legal evidence exclusive rules is an irresistible general trend according to American and Germany practice in order to perfect the related law regulations. For instance, we should set precisely legal evidence, forbid the legal evidence into the judicial proceedings and establish the related judicial interpretation in order to make the legal evidence exclusive rules serviceable; perfect the system of obtaining evidence of investigator; strengthen the lawyers in the investigation procedure; establish proof responsibility of legal evidence and supervision system. Today, how do the three legislations of our country do? How does the procuratorial organ deal with the double duties between enforcement and supervision? How does the judicial organ as the chief implementation of the illegal evidence exclusion grasp accuracy of illegal evidence? How does the security organ eliminate illegal proof collection? So, the author thinks that the judicial organ should strengthen its independence to guarantee judicial justice; the procuratorial organ should strengthen its public prosecution and supervision; the security organ should advance with the times, set the new concept of enforcement, enhance quality of polices and develop the new investigation. From prosecuting crime to thinking about safeguarding the human rights, illegal evidence exclusive rules plays more important role in the criminal procedure, which is can be said the significant system of restraining national power.