Illegal Exclusionary Rule

In the exclusive rule of evidence illegally obtained, the "illegal" not merely mean that violates the criminal procedure law, should also include violating the relevant regulations on ensuring citizen's rights in the constitution and other laws and regulations in the course of collecting evidence. "Collect evidence illegally" refers to these behaviors, collecting the defendant's states, witnesses, and tangible evidence by torture or threaten or seducing into or cheating etc." Getting rid of" does not mean that the evidence can not be used, but only used as the evidence unfavorable to the defendant, and have several exceptions. Therefore "illegal evidence" refers to in criminal suit state organ and its staff members (usually are the police responsible for investigation) violate the authority and procedure of the legal provisions and the party's rights during collecting the evidence, Commonly, "illegal" is not the basic reason to get rid of evidence, the exclusive rule of evidence illegally obtained refers to this kind of rule adopted in judge action, when the judicial authority and its staff collect evidence using illegal acts, such as, violating citizen's fundamental rights.There is a course of development in establishing the exclusive rule of evidence illegally obtained. Two fundamental laws and principles are the country(Britain, U.S.A and Germany. France ) , country (Japan, Italy) of mixing etc. several the United Nations organization and of our country Taiwan, Hong Kong, Macao area get rid of illegal evidence rule reflect, but there are very great differences.The exclusive rule of evidence illegally obtained is set up and developed while disputing. It displays a great progress in the evidence history, connect the evidence and course of collecting evidence, asserting more thinning to the evidence; Display it on the respect of human rights, include the suspect, defendant among the radiation targets of human rights. It is rational to behave and lie in itself, though it may make the criminal at large, but this can't belong to the responsibility and regular. The rule has regular external value andembodies in it and becomes the task that join forces to finish the criminal administration of justice together wholly together with other evidence rules, criminal suit system in the modern meaning of component together. Embody in and remedy the deficiency of the constitution, play a supplementary and carry out the constitution role; Have reflected that maintains balance and pay attention to the procedure and entity's just balance to having of the individual rights national right.The exclusive rule of evidence illegally obtained in our country is based on Constitution, the Two High Judicial explanation and the regulation of criminal procedure law. But theory have various kinds of view. Most scholar think deposition and tangible evidence that collected illegally should be get rid of in principle, our country should define the exclusive rule of evidence illegally obtained. We should get rid of it in legislate, judicial idea obstacle that exist, in national psychology, law adaptability that culture exist traditionally.To establish and perfect the exclusive rule of evidence illegally obtained in our country, we should change the "objective true idea", pursue "the law true", establish the human rights idea. Its range and principle including: in order to extort a confession by torture or threaten, whether seduce into, cheat illegal suspect that method collect state, statement, witness's testimony of injured party should be got rid of definitely. Tangible evidence that searched illegally, detaining or other illegal methods obtained, should be get rid of too, setting up several exceptional situations at the same time. The ones that regarded words evidence, material evidence, information that the illegal means is collected as the clue and obtained, with the evidence without direct causality of the illegal act, namely "fruit of poisonous tree" , should be considered synthetically and get rid of relatively. Meanwhile, should set up regul...