On The Exclusionary Rule Of Illegally Obtained Evidence

Exclusionary rule is an important rule of evidence in for criminal proceedings, which dates from America, and further developed in United Kingdom, Germany and Japan. Based on the fact that the development of rule of law in China is relatively late, the application of exclusionary rule hasn't been highly concerned until the laws was introduced last year which represents exclusionary system of illegal rides big progress in our country.There are four parts to introduce exclusionary rule. Part one gives a brief introduction of exclusionary rule, part two would broaden perspectives on exclusionary rule to the whole world, part three would discuss the exclusionary rule in China, part four would discuss how to improve exclusionary rule in China.The main content of chapter one is to introduce the concept and category illegal evidence and concept and origin of exclusionary rule. We have to define the concept of illegal evidence before deepening study exclusionary rule, then to discuss legislative design of exclusionary rule. Exclusionary rule is stipulation of illegal evidence which should be excluded from legal process.Chapter two introduces legislation of exclusionary rule in other countries, including America, United Kingdom, Germany and Japan. Exclusionary rule derived from America that drafts specific and rigid regulations. So, this thesis would describe the development of exclusionary rule in America and relative cases. As for a civil law country, the legislation of exclusionary rule in Germany is different from any other countries. Legislations of different countries must provide practical basis for legislation design for exclusionary rule in China.Chapter three legislation of exclusionary rule would be introduced at first, and then focus on defects of legislation of exclusionary rule.Chapter four is to discuss how to perfect exclusionary rule in China. In accordance with chapter three, suggestions for how to improve legislation of exclusionary rule would be raised.