On The Exclusionary Rule Of Illegally Obtained Evidence

Exclusionary Rule of Illegal Evidence is a rule of evidence that standardizes the qualification of evidence, whose central question is to define its effect. Because of its own value of lawsuit and unique role in criminal suit, the rule is adopted by most of the countries, and turns into a criminal judicial standard of the U.N. Seeing from the emergence and evolution of the rule, it isn't absolute or constant. It is restricted and influenced by kinds of factors such as tradition of legal culture, criminal policy, social security situation, aim of criminal suit and so on. In different countries or even on different stages of a country, the rules are different. Comparing the rules of the two major typical countries of law system, it can be seen that countries all confirm the rule depending on their own intention of value of criminal suit, tradition of legal culture and so on. It has active significance for our country to confirm the rule now. We ought to fully use foreign advanced law-making experience for reference, conform the relevant criminal judicial standard of the U.N, weigh varieties of conflicts of benefit, to confirm the rule that adapt to our country. Basing on the point, the author proposes that the rule of our country should adopt the model that compel to exclude the illegal evidence, do that properly and retain some exceptions to confirm the effect of illegal evidence. Guaranteeing the rule to be carried out effectively, an applied program has been designed for the rule in the essay, and some advices have been advanced on perfecting the related supplementary regulations of the rule as well .