Illegal Exclusionary Rule

Illegal evidence is an evidentiary material with illegal factors. Basing on the conception,the author defines its range and classifies it.Exclusionary Rule of Illegal Evidence means illegal evidence isn' t adopted as a basis of ascertainment of facts. It's a rule of evidence that standardizes the qualification of evidence, whose central question is to define its effect. The rule originated from the countries of Anglo - American law system. It has been differently confirmed by major countries, now. Of course, it isn't fixed in the legal practice of the countries. Because the restrictive factors interact such as value of lawsuit,aim of lawsuit ,tradition of legal culture,conditions of crime,political needs,judicial resources and so on, the laws of different countries and different stages in a country have had different attitude to its effect. It has made the rule vary constantly. Why did the laws of the countries confirm the rule? Because the rule has important value, real significance, theoretical significance and function. At present, the legal norm of our country doesn t confirm the entire rule, but there are many claims in the course of researching it in the law circle. The author thinks the rule is bound to be astablished in our evidence codes, and we ought to select its model according to the tradition of legal culture, social current situation and character. So the author advocates to select the model that excludes the illegal evidence and he also thinks to retain sonic exceptions in criminal suit. Basing on the points above, the author conceives how to improve the rule in our country.