On Illegal Evidence Exclusive Rules

Evidence is the base of judicial justice. Evidence problem is the central problem of total lawsuit activity. Illegal evidence is the main point of evidence legislation all over the world.In the criminal lawsuit, due to much illegal evidence parties' right is always being offended, therefore rule of eliminating illegal evidence came into being. There is no complete and independent evidence law in our country at present. The regulations of illegal evidence are more seen in the constitution,criminal proceeding code and other Judicial Interpretations. The provision is dispersed and simple. There are not concrete measures. System rules are not formed . But in many countries, the law of the exclusionary rule of illegal evidence has been set up. It is irreversible tide of history. Although because of the restriction of traditional ideas and present judicial system ,there are many defects in evidence rule legislation: it is impossible to set up perfect exclusionary rule of illegal evidence. The importance of this rule has been recognized in our country. The importance of guarantee civil rights and establishing the authority of judicial organs has also been experienced. It is changed from simply pursuing entity justice to recognizing the importance of procedure justice. In order to understand the importance of exclusionary rule of illegal evidence more deeply, the author will describe the exclusionary rule of illegal evidence from following six points.First part, the meaning of illegal evidence and the exclusionary rule of illegal evidence are described. To lay a theoretical foundation for the following part. Combining with historical background of the exclusionary rule of illegal evidence, its research status in our country,the necessity and urgency of setting up the exclusionary rule of illegal evidence are also described in this paper. Establish the foundation of describing how to setting up the exclusionary rule of illegal evidence.Second part, is the legal basis of exploring the exclusionary rule of illegal evidence. In this part ,theoretical basis of the exclusionary rule of illegal evidence will be described from four points, in order to search the tamped legal principle basis of the exclusionary rule of illegal evidence.Third part, through describing the exclusionary rule of illegal evidence in the Anglo-American law system's United States,England,continental law system's Germany,France,Japanese ect. and also in the international treaty, comparing the exclusionary rule of illegal evidence in these two big law systems, different rules will be presented because of the different politics,economic,culture,historical background and different developing degree. Provide reference meaning for setting up the exclusionary rule of illegal evidence in our country.Fourth part, introduce the location of extraterritorial burden of proof in the exclusionary rule of illegal evidence . Provide reference meaning for setting up the exclusionary rule of illegal evidence about burden of proof in our country.Fifth part, analyze the problem of the exclusionary rule of illegal evidence. Provide the basis of how to setting up the exclusionary rule of illegal evidence in our country.Sixth part, through the analysis of previous five parts, combine with practical, propose construction suggestions of setting up and improving the exclusionary rule of illegal evidence in our country.