Illegal Exclusionary Rule Problem

The exclusionary rule of illegally obtained evidence originates from the U.S. As the human rights protection and the procedure justice have gained worldwide attention, it was gradually adopted by the nations in the world and the United Nations, so we can see how significant it is. What is more, China has acceded to some international conventions, and it has made a serious commitment to human rights protection which was included in our nation's constitution. All of the above provide basis for the further perfection of the exclusionary rule of illegally obtained evidence. In fact, the exclusionary rule of illegally obtained evidence in our country has been improved increasingly in recent years. Thus it plays a very useful role in the area of human rights protection, judicial dignity safeguard, and the establishment of a harmonious society. However, it's undeniable that there is still a long way to go. In view of this, this paper makes a thorough survey about the origin of the exclusionary rule of illegally obtained evidence, its historical background, and its scope of exclusion. Therefore, we can find out whether the exclusionary rule of illegally obtained evidence has a widespread usage, whether it is helpful for China to curb torture in judicial practice. Meanwhile, after making an analysis about the value of the exclusionary rule of illegally obtained evidence, we reached a conclusion that it has a positive significance for human rights protection, judicial dignity safeguard, and the promotion of a harmonious society construction. Besides, the author made an analysis about the problems existed in our judicial practice to show the difficulties to the establishment of the exclusionary rule of illegally obtained evidence in our country. At last, the author holds the view that the establishment of the relevant system is helpful to the exclusionary rule of illegally obtained evidence in practice, and its perfection also helps to curb the illegal practice of justice issues after he made an analysis about the establishment of its relevant system.