Research On The Lssues Of Exclusionary Rules In China

This article will carry on a discussion on the hot topic of Exclusionary rules in China.Illegally obtained evidence is named opposite to legitimate evidence. Rejecting or accepting it is not a pure matter of the choice of the law, but actually a matter of value balance connected with the legal value orientation, and moreover, it is a centralized exhibition of the value of criminal procedure law in the judicial practice. The object of exclusionary rules is to protect human rights, to confine public power, to be in pursuit of procedure justice and maintain judicatory equity. Great Britain, America and other countries which are in the Anglo-American law system and Germany and other countries which are in the continental law system have already proclaimed clearly the prescriptions of illegal evidence elimination rules and established relevant consummate law system. Explicit prescription has not been made in the criminal law of our country on whether the illegal evidence materials can be taken as legitimate evidence. There's only principled stipulation in the judicial interpretation. The unsystematic and undefined prescription and the undemanding abidance of the judicial organization and the procuratorate cause difficult operation. Therefore, inquisition by torture and extortion for confession in the judicial practice are very common although being prohibited repeatedly and miscarriages of justice multiply unceasingly. In the recent years, study and reference of foreign evidence regime and the implementation of relevant international duty have also brought some changes to the criminal activity system. After the subscription of Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment and certain explanations On the Implementation of Criminal Procedural Law of People's Republic of China from the Supreme People's Court as well as the Criminal Procedural Law Regulation of the Procuratorate from the Supreme People's Procuratorate, our country has already established illegal verbal evidence elimination rules. But as to the tangible evidence derivates from verbal evidence which are collected illegally, whether it can be removed, there is no stipulation in the criminal procedural law and relevant judicial explanation. If all are removed, it would immediately lead to the reduction of the evidence for the trial. And it would inevitably affect the process for finding out the truth of the case and bring serious consequence to attack crime. But if only the unreal and unreliable evidences are removed and if the evidences which are gained by encroaching others' civil rights gifted by the constitution, it would undoubtedly encourage the law executor to violate the law. Then nothing would leave for the dignity of the constitution. The national public right would be abused and judicial justice difficult to realize. Therefore, to establish and consummate the illegal evidence elimination rule is to meet the needs of protecting civil rights, adapting to the development trend of the Criminal Procedural Law and also the needs of establishing socialist country under the rule of the law. This article summarizes and analyzes legislation stipulation objectively related to the foreign illegal evidence elimination rules from the perspective of inspection and research of the primitive model established by America. On this basis, the author makes thorough discussion and study of the disadvantages and flaws of the illegal evidence elimination rule in the legislation and judicial practice and further seeks for constructing the future of it in our country.