Problems In The Implementation Of Illegal Evidence Exclusion Rules And Their Perfection

In order to punishing crime and protecting human rights, illegal evidence exclusion rules in some countries came into being, and countries according to their own national conditions, establish a suitable for their specific implementation details, for illegal evidence has been defined in the judiciary a focal point and difficult point, China in the two evidence "and the new criminal procedure law provisions about the illegal evidence not only highlight the determination and emphasis of the exclusionary rule of illegal evidence in our country reflects the our country always continue to move closer to the world’s most advanced rules of evidence, and continue to learn from and learning progress. However, in our country, the present provisions of the of exclusionary rule of illegally obtained evidence in legislation is not detailed, so that judicial officers in practice in the implementation of the rules when there are a lot of problems. Therefore, this paper to the illegal evidence exclusionary rule in the implementation of specific issues from the perspective of, to the author unfolds in the hometown of the judiciary investigation, analyzes and summarizes the exclusionary rules of illegal evidence in the use of the plight of the implementation where, and in view of the problems, this paper gives the suggestion and the opinion, hope can improve the illegal evidence of our country rule and to promote the progress of China’s judicial.This text is divided into seven parts, a total of more than 30000 words:The first chapter is about the research background, significance and research status quo and methods. The author is mainly an overview of the reason of choosing this topic, starting from the present research situation, choose the research analysis, and gives the specific research methods of this paper, the research shows the feasibility.The second chapter:the exclusion of illegal evidence value range analysis. Summed up some three kinds of theory, analysis of the exclusion of value conflict range and choose to make the conflict.The three chapter:some countries for the content of the exclusionary rule of illegal evidence, mainly carries on the analysis to the United States, Britain, Germany, and in these countries the rules of comparative study, from its essence to its dregs, selection can let our reference part of the application.The fourth chapter:the current implementation of the exclusionary rule of illegal evidence. The macro level lists the implementation of the whole country, analysis the implementation stage in the application stage, exclude objects, types of cases and related data; micro level is to the author in his hometown of H city from research, induction and summarizes the H city inspection authorities in the application of the rules of some data, from two aspects of the macro level and a city micro level to combine, a more comprehensive response to the exclusionary rule of illegal evidence.The fifth chapter:analysis of the exclusionary rule of illegally obtained evidence in the implementation of specific issues, starting from the H city survey found details, summed up the problems faced in the process of investigation and interrogation, the investigators, the standard of proof of the prosecution in the prosecution problem, trial judges of the illegal evidence difficult definition, and the lack of a corresponding supporting the accountability system and the rights relief system.The sixth chapter:according to the fifth chapter the analysis method to solve the problem, "suit the remedy to the case", the author to list one by one corresponding solutions, including legal loopholes to perfect the legislation, improve the work efficiency of the judicial personnel, sound corresponding responsibility after investigating system and the system of protection of the rights to match the exclusionary rule of illegally obtained evidence.Conclusion:the conclusion of this paper, summarizes the full text, looking to the future, hoping to improve the rule of illegal evidence exclusion to promote the judicial progress.