Value Analysis And Conception Of The Exclusionary Rule For Illegally Obtain Evidence

In China, how to establish the exclusionary rule for illegally obtain evidence is a focus problem in theory and practice. It is also an important content of the modification of criminal procedure law. Basing on the paradigm of public policy analysis, the article comments the current situation of the exclusionary rule for illegally obtain evidence in legislation, theory research and trial, drawing the conclusion that in China, the function of exclusionary rule for illegally obtain evidence has loose efficacy. Then, the author analyses the reasons from the aspects of law culture tradition, social situation and trial operation. At last, the author advances the value basement contained in the exclusionary rule for illegally obtain evidence. From the viewpoint of judicial organ, the article puts forward a proposal of the scope, model, operational procedure and auxiliary system of the exclusionary rule for illegally obtain evidence.