On Improvement Of The Exclusionary Rule Of Illegal Evidence In China

The Exclusionary Rule of Illegally Obtained Evidence has been a focus of the litigation jurisprudential circle since its earliest emerge in the United States. Evidence is the base of the criminal trial. In order to collect enough evidence to investigate the crimes , illegally obtaining evidence has become more and more popular, as a result , it ends up with hurting the rights of the citizens . Punishing the crimes and the protection of the human rights are the dual aims of the modern criminal litigation. Therefore, with the highly paid attention towards the human rights in the international society , the Exclusionary Rule came up , it protects the personal rights by regulating the police and restraint of the enforcement of the public power. However, the rule has also some unnegligible negative impact on controlling the crimes ,but because of the less applicable evidence for the police , it make them harder to punish the criminals, in some sense , equals to be regardless of the crimes, it is relevant to the overflow of the crimes and disrupted public security in the United States. But It has been existing more than 100 years and has been accepted and set up as a law in many western countries , in this case , the setup of the rule guarantee itself with its basic value. The setup of the rule was a little late in China , and the regulations are way sketchy compared to other countries , as a result , it has become an important reason for the abuses of the extortion of confessions by torture, in other words , bettering the rule not only follows the trend of the International society ,but also shows our determination of protecting the human rights, especially to show the dignity of the judicature and the important means of guarantee for the litigation justice and judicial fair .This paper is divided into four major sections as follows to talk about how to better the Exclusionary Rule of Illegally Obtained Evidence in China.Section one of this paper opens with a true case , which was got during the author's internship, involved with some extortion of confessions by torture, it may give the thought of the readers about the importance of bettering the Exclusionary Rule of Illegally Obtained Evidence in China. The second section provides a summary about the Exclusionary Rule of Illegally Obtained Evidence , it exactly includes three parts , one of them gives the concept and development of the Illegally Obtained Evidence ;the second one defines the illegal evidence, including the connotation, the further explanation of the relationship between legal and illegal evidence;and the third one analyzes the basic value of Exclusionary Rule of Illegal Evidence. Readers can have a clearer thought of Exclusionary Rule of Illegal Evidence and illegal evidence.Section three shows the current difficulty of the system in China , this part has described the current situation on legislation about the Exclusionary Rule of Illegal Evidence ,and also something about the difficulties might be happened in the practice of the rule respectively . The author firstly shows the reform and present situation of Exclusionary Rule of Illegal Evidence in China. According to the code of criminal procedure, 1979, the code of criminal procedure, 1996 and its relevant judiciary explanation, author shows us the course from rejection to conditional application of Exclusionary Rule of Illegal Evidence in China, and also mentions the imperfection of it. Secondly ,the author shows the current difficulty of the system in China. Due to the impact of national conditions and history, we have met a lot of difficulties and exclusion to implement and improve the Exclusionary Rule of Illegal Evidence in China. The author analyses the reason of the situation.In the fourth part of the paper is the improvement of the system. The author saw the imperfection of the rule in legislation and judicial practice, and realized the necessity to improve the rule. Therefore the author comes up with some detailed suggestions about the legislation and the setup of the supporting measures in order to improve the Exclusionary Rule of Illegally Obtained Evidence in China.