Illegal Evidence Exclusion Rule Teleology

It is the characteristic proof regulation of modern criminal procedure that the illegally obtained evidence should be excluded, which is also the heat point that theoretical research and practice are probed in our country. Yet most analyses are focused on the textual introduction of this rule and its development in other countries, however few are talked about the purpose of exclusionary rule. It is the decisive, inevitable and fundamental element to establish and develop exclusionary rule. Based on analyses of general purpose in science of philosophy, this thesis expounds the purpose of exclusionary rule, analyzes five kinds of theories on the purpose of this rule, and brings forth "layering purpose", protection of human rights as the fundamental purpose, safeguard of procedure as direct purpose. Moreover, exclusionary rule and other methods should be constructed on the basis of that purpose.The thesis consists of introduction, four parts and conclusion, including about 40,000 words. That is: brief introduction to purpose of exclusionary rule; analyses of five kinds of theoretical opinions; rational analyses of "layering purpose", means to realize "Layering aim" in our country. The details are as follows:Part I is the brief introduction of purpose of exclusionary rule. This part, firstly, defines the concept of exclusionary rule; that is to say, the evidence illegally obtained by the government should be excluded in criminal procedure, which provides foundation for further research. Secondly, from the angle of general purpose in philosophy, the part expounds the definition and characteristics of the purpose of this rule.Part II is the introduction and analysis of purpose of exclusionary rule. The theoretical research on this aspect is superficial in our country, but for a long time in western countries. Firstly, this part introduces five kinds of theories on the purpose of exclusionary rule in foreign countries, finding reality, deterrence rationale, judicial integrity, protection of rights and fairness of the proceedings. These five theoriespossess important meaning, but also have disadvantages. Two elements confine the purpose of exclusionary rule. Meanwhile, there exist more disadvantages in the purpose of exclusionary rule in our country. So this thesis brings forth the theory of "layering purpose", which takes protections of human rights as the fundamental purpose, safeguard the procedure as directive purpose.Part III analyzes the importance of "layering purpose" systematically. Protection of human rights plays a vital role in modern criminal procedure, is the best restoration of the public order. Moreover, this purpose extracted the essence of five purposes mentioned above to realize the ultimate quality of the purpose. Then the thesis proposes to set up the directive purpose of safeguarding the procedure. Procedural law should not be the invalid law, so this rule is the punitive method to the violation of procedural law, which is more practical. At last, the thesis analyzes the effect of this purpose on establishment of exclusionary in our countries' legislation and judicature.Part IV, after introspection of the practice in our country, proposes to some measures to achieve the layering purpose. The thesis believes that we should set up some methods to realize the purpose from five respects: establishment of perfect criminal procedural law, scope of exclusion, procedural construction of exclusionary rule, burden of proof and standard of proof, and other systems and ideologies besides the rule.