By definition, illegal criminal evidences refer to the evidences that do not possess the legality according to the code of criminal procedure. Two main features will be discussed here: unlawfulness and relatedness.The great distinctions appear in the confirmation system of illegal criminal evidences because the different basis procedural theory of knowledge and procedural theory of value between Anglo-American juridical system and continental juridical system. And these distinctions are getting indistinct. In order to found our own confirmation system of illegal criminal evidences, we should base on dialectical material theory of knowledge. The former construct complicated and systemic confirmation rules of illegal criminal evidences on the basis of philosophic empiricism theory of knowledge and human-rights protections theory of value, and the latter is not so advanced on the aspect of confirmation rules illegal criminal evidences according to the absolute rationalism theory of knowledge and punish-criminality theory of value. |