Illegal Exclusionary Rule

Whether the illegal evidence has ability of proof and can be used to convict the suspect is a very complicated problem in criminal procedure. It demonstrates the conflict of value of justice of procedure and substantive, controlling of criminal and guaranteeing of human rights. This text starts from the concept of exclusionary rule, discusses the history of exclusionary rule and the legislation model of other countries, and studies the value of exclusionary rule, so gives some suggestions of building exclusionary rule in China.The text integrates six parts: (1) Concept of exclusionary rule. Discuss the theoretical extent starting with the concept of exclusionary rule. (2) The historical research of exclusionary rule. Discuss the background and the developing history of exclusionary rule, and provide the pattern to build our country's exclusionary rule. (3) The research of other countries' exclusionary rule in comparing law. Research the different legislative patterns of other countries' exclusionary rule, and find different legislative choices to build our own exclusionary rule. (4) The research of the value of exclusionary rule. Analyze the advantage and disadvantage of the exclusionary rule. (5) Research the legislative situation of the exclusionary rule and discuss the obstacle in setting up the exclusionary rule in our country. (6) Build the exclusionary rule in our country. According to preceding research, bring forward legislative mode adapting to our country and give our own suggestions about the concrete range and category of the exclusionary rule and discuss the corresponding measures to set up the exclusionary rule.