China Criminal Illegal Evidence To Eliminate The Defects Of The Rules

The rule of excluding criminal illeague evidence is the system to protect the human rights and Avoid torture in criminal lawsuit.However,in the practice of enforcing the criminal law,the phenomena of torture and other illeague means of collecting evidence isn't thoroughly controlled,which is related with problemof law and judiciary explaination of the rule of excluding criminal illeague evidence.This article tries to begin with the historical reasons and practical harm of torture,use the method of comparing to research the problem.It expatiates the historical evolution and law origin of the rule of excluding criminal illeague evidence at home and abroad at large,analyze its meaning,essential and characteristics in order to demonstrate its influence on control and eliminate torture.Besides,the article puts forward some personal ideas about constucting the rule of excluding criminal illeague evidence according to national condition,trying to support the establishment and perfect of the rule of excluding criminal illeague evidence from the point of judiciary practice.The characteristics of the article is:1,use the method of comparing to do research.It compares and analyzes the rule of excluding criminal illeague evidence at all times and in all over the world including common law and civil law,trying to explore the tracks and features of the development of this rule.2,use the method of demonstration combined with the law and judiciary practice of relevant countries to discuss the rule of excluding criminal illeague evidence,interluding relevant cases to get the comparatively reasonable conclusion.3,with the purpose of accerlarating the improvement of legislation and judiciary practice,on the basis of research and demonstration of the rule of excluding criminal illeague evidence,the article anatomies the deficiency of present rule of excluding criminal illeague evidence and bring forward concret suggestions of improvement.