Research On The Exclusionary Rules Of Illegally Obtained Evidence In Chinese Context

The exclusionary rule of illegally obtained evidence is one of the most important rules of evidence in criminal proceedings. As an important rule to protect human rights, the exclusionary rules of illegal evidence have been established in many countries. Strengthening the study and research on it is of great significance to the improvement of the criminal procedure code. Using the method of comparison research, the author made some ideas of establishing the rules in light of Chinese legislative and judicial status. In addition to the introduction and the conclusion, the text is divided into five parts:The first chapter of this article examines the development of the exclusionary rules of illegal evidence. This section includes the meaning of illegal evidence, the meaning of exclusionary rules of illegal evidence, and the foreign investigation of the rule. The author selected the United States, Britain, Germany and Japan, as the research object, and analysis the development of the rule in different countries.The second part analyses the value of the exclusionary rule. Debates on the rule reflect the conflict between the main valuation objectives on the process of the criminal control and the protection of human rights. The value of the exclusionary rule includes external value and internal value. The external value includes controlling illegal evidence and maintaining the dignity of the law. The internal value includes protecting human rights and judicial independence.The third part investigates the status of exclusionary rule in China. The present Chinese Criminal Procedure code does not include the rule. The Supreme People's Court and the Supreme People's Procuratorate have provided in their interpretations and opinions that the statements illegally obtained from witnesses, defendants, and victims should not be used as evidence in trial and prosecution. But because of various difficulties, the Supreme Court's decision concerning the exclusionary rule has not been followed in Chinese judicial practice.The fourth chapter discusses the cause of the exclusionary rule's current status. The author first discusses the background which created the rule, containing the legal culture, political system, and the procedure code system, and then analysis the factors restricting the establishment of exclusionary rule in China, which include the crime situation, the legal culture, political system and the judicial philosophy.The fifth chapter mainly talks about how to establish the exclusionary rule of illegal evidence in China. The author suggests the establishment of exclusionary rule must be consistent with the realistic condition, and proposes how to define the substantive and procedure standards of the rule. Finally, the author proposes an effective system of exclusionary rule needing a supporting legal system, including strengthening the control of the investigation right, completing the defense system and establishing the centrism of judicial review.