Illegal Evidence Exclusion Rule In China Perfect

Exclusionary Rules have been established and developed in the English and American legal system countries, however, at present in the tendency of the mutual learning and merging between these two legal systems, many countries and regions in the world , including many continental legal system ones have adopted them. Besides , the legal circle in our country has also attached great importance to this issue. Although Exclusionary Rules have been touched upon a little in our present law, they are not clear and perfect. Considering our national conditions, the author also thinks that it's impossible to establish and carry out Exclusionary Rules in a single step in recent judicial practices . However, this paper tries it's best to give an overall introduction and comment on Exclusionary Rules, besides, with regard to the construction of Exclusionary Rules in our country, it makes an analysis and lays out a design for it . This paper is just a summary for my E.J.M degree in law, not in the hope of providing any reference for the establishment of Exclusionary Rules in our country in future.This paper consists of introduction and five chapters, altogether six sections , about 34 thousand words.Introduction clarifies the development of criminal procedure law in recent years in our country, providing the theoretical basis for the establishment of Exclusionary Rules.The first chapter generalizes and introduces several concepts related to Exclusionary Rules and it's background , establishment and development. Moreover, it clarifies that the establishment of Exclusionary Rules does not only involve a specific evidence system , but also relates system and cultural background of the countryThe second and third chapters investigate the problems on Exclusionary Rules in most countries in the world, including USA, UK, France, Germany, Italy, Japan, in order to provide reference for the research and construction of Exclusionary Rules in our country in future.The fourth chapter introduces and makes comments on the legislative and judicial practices, and current situation of theoretical research , so as to have a clear understanding of the state of these rules in the theoretical and practical circles in our country.The fifth chapter lays out the author's basic thought and specific system design for the construction of Exclusionary Rules in our country.