Study On Exclusionary Rule Of Illegally Obtained Evidence

Evidence in criminal proceedings is the core of the illegal and rule out the possibility that the evidence related to the suspect, the defendant's conviction and sentence, the rules of the establishment and operation demonstrates the protection of human rights and safeguarding judicial justice of the value of the goal. In view of the fact that our country current criminal activity illegal evidentiary rules legal rule is too simple, and has the obvious flaw the present situation, profits from the UK-US legal system, the mainland legal system correlation theories, and consummates regarding our country criminal activity illegal evidence elimination rule's further construction, the adjustment and in the prevention present stage China criminal prosecution the Judicial organ illegal evidence collection, the advancement criminal prosecution civilization and the modernization have the vital significance. The related illegal evidence's evidence ability question has been at the core position in the Western country evidence theory. Different national as well as the identical country's different historical stage was different to the illegal evidence's manner, manifests in the criminal prosecution to pursue the entity to be real, the penalty crime and the maintenance right procedure, the assurance of human rights made balance and choices. This article take illegal evidence's evidence ability as a key point, through conducts the historical studies, the comparison test research and to the illegal evidentiary rules legislates and the practice present situation analysis to China, to established the science our country illegal evidence elimination rule to carry on the experimental discussion, to established our country modern illegal evidence elimination rule by the time to have a benefit.This article altogether divides into four parts, the first part "the illegal evidence elimination rule outline" made concrete from two aspects has carried on the discussion: First, analyzed the illegal evidence elimination rule concept, the author had thought in the illegal evidence elimination rule discussed the illegal evidence must be the law enforcement officials who referred in particular to the legal rule violates the evidence which the legal rule the jurisdiction or the procedure obtained. Second, has analyzed the illegal evidence elimination rule value and the function. The second part "two big legal system illegal evidence elimination rule's legislation and the practice" reviewed two big legal system illegal evidence elimination rule historical development, has carried on the inspection to the overseas representative country's criminal illegal evidence elimination rule, and makes the comparative analysis, to search our country illegal card to dig insufficiency of the elimination rule to provide the important basis. The third part "present situation and the theory our country illegal evidence elimination rule" analyze from three aspects: First, our country present legislation the stipulation which removes to the criminal illegal evidence, this part described our country illegal evidence elimination rule legislative present situation, to summarize our country illegal evidence elimination rule main flaw; Second, analyzed has set up the factor which as well as our country scholars the illegal evidence elimination rule must consider about the illegal evidence elimination rule theory position; Third, proposed myself theory position. The fourth part "construction of our country illegal evidence elimination rule" elaborated has constructed the applicable scope which, the operation sequence, the certificate responsibility our country illegal evidence elimination rule must be clear to share and the standard, and has designed the illegal evidence elimination rule necessary system. The necessary system mainly includes the following several aspects: First, consummates the arrest, to search and to detain the procedure, the establishment "makes the shape system"; Second, the establishment suspect, the accused person health examination and inquires the synchronized audio and video system, prevents by extortion of confession by torture or the threat, tempts, the deceit as well as other illegal method collection evidence; Third, before building the evidence courtyard, the review mechanism, avoids the illegal evidence having the major impact on the hearing judge's heart card: Fourth, establishes to collects evidence personnel's disciplinary punishment system and to victim's relief system illegally.