On The Admissibility Of The Illegal Evidence In The Criminal Litigation

The force of the illegal evidence in the criminal litigation is not only an important criminal evidence theory, but also a serious practice problem, in connection with the human rights'guarantee and the realization of the criminal litigation's value. As a result of the different various factors, the lawmaking and correlative theories are not consistent. In China, the legislation is negative to the illegal evidences, but is not definite to the admissibility of them. And there are so many kinds of viewpoints around the academe.The illegal evidences are discussed in comparative study method in the dissertation in order to arouse more attention and encourage practical solutions to the problems. And the conception of building the Chinese mode of illegal evidence is put forward in the dissertation.In the first part of the dissertation, the dissertation starts from the conception of the illegal evidence defined by the Chinese law academe, and then nails down the meanings of the illegal evidence and its admissibility in the dissertation..'Illegal evidence'means the evidences which got by the people who has the legal right of investigation,through the illegal manner of disobeying the popedom and program.And the force of the illegal evidence is about the problem that the evidence which got through the illegal mannet can or can not be used as the decided evidence on a verdict.In the next part, after reviewing and analysing the legislation's actuality and deficiency of the illegal evidences in China, the ordains of the illegal evidence in the main countries and areas aboard are introduced by the numbers . And they can be used for reference to build our country's mode of illegal evidence.In the last part of the dissertation, a new mode of the admissibility of illegal evidence is put forward, based on the Chinese law culture and situation, with the using for reference to the advanced experiences and practices in foreign countries. And then a new proposal of the onus probandi is put forward.The most remarkable features of the dissertation consist of:The one is the comparative method taken in the dissertation, separating the illegal evidences into three kinds: illegal word evidence, illegal object evidence and'the fruit of the poisonous tree', while they are compared by the separation of countries always. According to this separation, the conception of building the Chinese mode of illegal evidence is put forward:1.To the illegal word evidence,should take both auto exclusion and discretional exclusion.2.To the illegal object evidence, should take discretional exclusion,decided by the cour according to the illegal program of the getting way and the detail of the case.3.To'the fruit of the poisonous tree', should take exclusion commonly, and should take the restrictively affirm to the special case by exceptional manner.The two is, in order to advance the legislation and improve the justice practice, proposals of the onus probandi is offered in the dissertation, after the mode of Chinese illegal evidence is put forward. And the author wishes that the dissertation can bring some meaning to the justice practice.