On The Exclusionary Rule Of Illegally Obtained Evidence

The exclusionary rule has progressive value in judicial practice and the history of evidence , manifests the respect for human being .With the rising demand s of protecting human rights and the development of the trend of democracy, Many rights and principles reflecting due process in criminal procedure have been established in many countries. Whether the evidence that received by illegal methods can be produced in court and finally be used to decide a case and sentence is one of the complicated problems in criminal evidence system. And also it is a problem which can be easily cause the conflict between the procedural values. For those factors such as tradition of law and politics and economy the different choices between publishing the criminal and protecting human rights ,during different periods,the theories about this problem and judicial practice are different in different countries ,even in the same country during different periods .Our country object the illegal method acquiring evidence and some judicial constructions obviously rule out the illegal testimonial evidence, but the legal effect of the real evidence and documentary evidence and fruit of poisonous tree is not stipulated in law. In fact, the effect is affirmed in judicial practice.Author confines the concept of illegal evidence, then analysises its characters and divides it into different kinds, studies the examples of legislation in many other countries after analysising the value of illegal evidence .Author produce his device and other rules to hold it up. With the study of our country's present legislation and theorilogical study, the author think , the study of theory should guide the judicial practice ,so it must have the character of going ahead and predicting, to be fit for our country's own conditions and the trend of procedural history.