On The Establishment Of The Exclusive Rule Of Illegal Evidence In Our Country

In recent years , much attention has been paid to the principle of exclusion of the illegally obtained evidence in the field of theory and judicial practice ,also discussions have been made broadly. The principle of exclusion of the illegally obtained evidence is not only about whether the illegally obtained evidence can be used in the litigation procedure as the ground of the verdict and the ,but also about the problems of politics and history .So the study of this principle needs to know more about the principle itself, such as its fundamental concept. The illegally obtained evidence includes coercive confession ,evidence obtained by illegal search and detention ,and evidence obtained by secret detection and evidences obtained illegally .This principle is put into effect in the forms as exclusion with exception ,adoption after checking ,being treated differently and adoption with --,and some other controversial forms adopted in foreign countries .As the main part of the criminal evidence system in the democratic society, through choice of the evidence ,the principle of exclusion of the illegally obtained evidence has its own theoretic basis and value choice .The theoretic basis in west countries includes individualism .The law of the west countries is based on the individual right ,all the interpretation of the legal phenomena ,the resolution of the legal disputes are made for the individual right. This principle can limit the public power , prevent the judicial making illegal profits by illegal obtained evidence ,prevent the enlargement of power and the infringement of the individual right ,realize the litigation goal of justice ,embody the spirit of the judicial and all the legal development .The establishment of the principle of exclusion of the illegally obtained evidence is decided by its value and function of :protecting of human right, preservation of legal dignity ,promotion of the discovery of the reality .there are three opinions about the adoption of the principle of exclusion of the illegally obtained evidence: exclusion with exception , no exclusion when real , treated depended on different occasion . The rational principle of exclusion of the illegally obtained evidence can only be constructed on the through understanding of the theoretical basis and the function .The principle of exclusion of the illegally obtained evidence is laid differently in...