A Study On The Exclusionary Rule Of Illegal Evidence In Criminal Proceedings

The revision of the Criminal Procedure Law which passed through the National People’s Congress in March 2012,for the first time formally established the exclusionary rule on illegally obtained evidence in the form of law.This new rule helped to fundamentally prevent unlawful prosecution by torture and other illegal evidence collection methods.The rule provided strong guarantee for maintaining judicial justice.Although the rule of illegal evidence exclusion had made groundbreaking progress,there is still concerns about possible non-compliance of the rule.This paper expounded the basic theories of illegal evidence exclusion,and analyzed in detail the three existing issues during the evolution of the illegal evidence exclusion rule,namely the entity of constructive rule implementing problems,the issue on program implementation rule application,and the judicial encironment problem for illegal evidence exclusion rule application.The paper also provided complete solutions to these problems.