On The Construction Of Criminal Procedure In The Illegal Evidence Exclusion Rules

With the thorough development of our country's reform and open policy, the idea of traditional law enforcement is facing an unprecedented impact. The judicial principle to guarantee human rights is widely concerned and accepted. Because of the changes of this judicial principle, it makes the reviewing of the proof legality the focus in the activity of crime litigation. In the crime lawmaking and judicatory practice in China, there has long existed a tendency of emphasizing the entity, ignoring the procedure, attaching importance to attack and paying no attention to protection. In the long run, in order to embody judicial impartiality and efficiency, we must set up new judicial principles to guarantee human rights and control crime committing, establishing and perfecting the illegal proof exclusion rule.The illegal gathering and collecting evidence in crime litigation directly violates the legal rights of object concerned. These rights ruled by the constitution include the rights of life, liberty, property and privacy. In the modern age in the world, how to guarantee human rights is more and more valued by people of every country, by government of every nation and by international organizations as well. As for the illegal proof exclusion, the international society has long before accepted and recognized in the crime procedure in many countries, all confirmed the illegal proof exclusion rule. That is, those proof, obtained illegally outside legal power and procedure of law provision by law authoritative officials will be excluded in court. The rule is the inevitable result that mankind has gradually further recognized the damage of crime litigationregulation and illegal proof obtaining. And it is also the certain demand of human civilization, democracy and progress.There have been official documents in Chinese lawmaking and relevant judicatory explanations prohibiting extorting confessions by torture and tricky .It shows that the proper principles in procedure has obtained common ground in the judicial circle in China. It also shows that modern judicatory has abandoned the legality of the traditional proof system of extorting confessions by torture. And it further shows the negative evaluation of the illegal proof and enthusiasm exclusion.However, the permeation of proper principles in procedure pertaining to crime lawmaking and the first convex appearance of the illegal proof exclusion rule in crime judicatory only shows the tiny progressive tendency in Chinese proof system. It can not cover up its deficiency and shortage: the illegal proof exclusion rule is adapted too narrowly in the extension of illegal proof; the pertaining to crime judicatory remains silent to the exclusion between illegal real object proof and its" the fruit of the poison tree" ; There is no clear and definite provision to the secret investigation and its proof law qualification of the illegal proof acquisition; the inconformity of the illegal proof exclusion rule in crime judicatory leads to the hard acquiring coherence in the practical handling of the illegal proof exclusion rule; there is also no clear and definite provision in crime litigation law about the problem of illegal proof exclusion and its subsequent proof acquisition; the crime illegal proof confession exclusion rule dose not form a complete set with other proof rules. It dose not form a crime proof system which has intrinsic logic connection, which has a clear level of structures and which is systematic; the illegal proof exclusion has not become a system in Chinese judicatorypractice and it dose not have appropriate practice procedure.The deficiency and shortage of the crime lawmaking and the illegal proof exclusion rule in our country reflect the behind? lagging of our proof system. They reflect the crime principles of procedure impartiality in certain degree have not ascended thoroughly to the public. They also reflect the dilemma of people, particularly crime lawmaking and judicial officials in their seek for truth realization, crime committing control with righ...