Research On Illegal Obtained Evidence Exclusionary Procedure

Illegally obtained evidence exclusionary procedure—procedural guarantee for excluding illegally obtained evidence—is concerned with manipulation rules for excluding illegally obtained evidence, including commencement mode, juridical form and judge identification, distribution of burden of proof, and balancing standards of proof. Only with relevant exclusionary procedures can illegally obtained evidence exclusion proceed to action for resolution. It is to establish rules for excluding illegally obtained evidence that prevents in passive means abuse of public powers on the one hand, and on the other hand it is ideal that no influences shall be imposed on recognizing case facts. Therefore, it is expected to put under control the scope of illegally obtained evidence to be excluded, as well as to build efficient exclusionary procedures in the aim of non-influence in juridical recognition. Legal families have respectively made efforts in procedure establishment in order for the ideal status as seen from countries worldwide. The two-dimensional procedural mode, with the United States as representative, characterized in separation between trial on facts and trial on law is the best resort, and that countries including China of continental legal family, oriented towards authority, are far behind. This research, through the discussions, has endeavored to figure out feasible exclusionary procedures suitable for China, and therefore, the exclusionary rules will be available in action to serve as human rights guarantee.This research, focused on establishing and improving China's exclusionary procedures—manipulation rules—are framed in five chapters. The issue is proposed in Chapter I, has introduced the existing situation of illegally obtained evidence exclusionary procedure. In Chapter II, it is provided modes and applications of foreign countries, and analysis on their legislative and judicial efforts in procedure establishment. Chapter III has introduced the value basis, as well as jurisprudential analysis for the issue. Chapter IV constitutes China's mode, with significance to establishing litigation structure in accordance with exclusionary procedures. In Chapter V is contained several relevant problems confronted with China, and manipulations of illegally obtained evidence exclusion.