A Study On The Exclusionary Rules Of Illegal Substantive Evidence In China

Along with the intensive study on illegal evidence exclusion in criminal proceedings in all countries in the world, study on illegal evidence is also becoming a hot tread in the academic circles and judicial circles in China. In China, much attention has been paid to speaking evidence used in the illegal evidence exclusion, and the speaking evidence used in the illegal evidence exclusion is studied intensively. However, for physical evidence used in the illegal evidence exclusion, under the influence of the judicial concept that testimonies are better than investigation, study on the physical evidence is not intensive enough, and even the development of the physical evidence is hindered. Aiming at the actual situation that legal norms for illegal physical evidence exclusion are unavailable in the juridical practice, Provisions on Several Issues Concerning Illegal Evidence Exclusion in Criminal Cases is issued by the Supreme People’s Court, the Supreme People’s Procuratorates, the Ministry of Public Security, the Ministry of State Security and the Ministry of Justice jointly in2010, and it is the first time that illegal physical evidence exclusion is stipulated in the form of judicial interpretation. Based on this, an amendment to the Criminal Procedure Law is approved successfully in2012, illegal physical evidence exclusion rules are further improved, and now that the illegal physical evidence exclusion rules are established in the true sense in China. Based on the point of illegal physical evidence exclusion, the article discusses relevant questions in the field of illegal physical evidence exclusion.The article studies the illegal physical evidence exclusion rules in four parts. Firstly, in the first part, the basic content of the physical evidence exclusion rules is summarized, and a theoretical basis is provided for the study of the physical evidence exclusion rules in the following parts; then, in the second part, illegal physical evidence exclusion theory and practice situations in several main foreign countries are investigated, and similarities and differences and compared and analyzed so that a reference can be provided for establishment of the rules in China; next, in the third part, limitation on the aspect of illegal physical evidence exclusion in China is described, namely the limitation can be reflected on the aspects that legislation principles are excessive, the implementation is poor, experiences of foreign countries are blindly learned without considering the Chinese national conditions during theoretical study, and the exclusion effect is quite unsatisfactory under the influence of various factors during juridical practice; in order to overcome the defects, the point that it is necessary for China to further improve the illegal physical evidence exclusion rules is clarified; and finally, in the fourth part, the disadvantages of current criminal procedure laws and judicial interpretation about the illegal physical evidence exclusion rules in China are mainly analyzed, and several simple ideas for further improvement of the illegal physical evidence exclusion rules are put forward.