On The Burden Of Proof Of Illegal Evidence Exclusion

In may 30, 2010 , five state agencies consisted of the supreme people's court ,the Supreme People's Procuratorate, the Ministry of Public Security, State Security and the Ministry of Justice jointly announced two important rules which are the "rules of death penalty cases for review on a number of questions to determine the requirements of evidence" and "the exclusionary rule in criminal cases for a number of issues Provisions "(hereinafter referred to as" illegal evidence exclusion "), and these rules aroused widespread concern. The introduction of new regulations has its specific contexts including the background of calling for human rights, the reality of injustice cases, solidity academic theory, mass media of the technical and in these series contexts, two new regulations make the justice theories change into realities. The exclusionary rule is a very complex issue, how can the new provisions become even more operational, which is the key issue for this article.This article involves the preface and three parts:The first chapter introduces illegal evidence's concept, the scope and forms, and specifically states the forms of illegal evidence on the U.S., and compared with that of our country, and finally analyzes the illegal evidence exclusion rule's value and model.The second chapter focuses on the burden of proof of illegal evidence theories. Firstly, the writer defines the meaning of the criminal burden of proof, and then analyzes the principle of burden of proof and the special features of the responsibilities of illegal evidence burden distribution, and finally elaborates the rules of the common law system and the civil law system.The third chapter is the most important part in this article which includes the analysis of distribution of the proof burden of illegal evidence's current situations and complements. Firstly, the writer introduces our country's legislative status and judicial status. And then this section analyzes the innovations and controversial points of "illegal evidence exclusion rule", and makes the distribution of the proof burden of illegal evidence become typical, and perfects the relevant systems.