Illegal Evidence Exclusion Rule

The Exclusionary Rules of Illegally Obtained Evidence is a important part of criminal evidence rules.It is first established in the United States.It is gradually adopted by other nations and the organizations of the United Nations. Establishing the Exclusionary Rules of Illegally Obtained Evidencehaving already become the trend of the international criminal litigation legislation. As one of the procedural principle ,its value lies in protecting human rights, preventing from obtaining evidence illegally. All countries are very careful at establishing the rule, the have two different value orientations—punishing crime and protecting human rights. It is a important proportionof the rule of criminal evidence .This dissertation is my viewpoints about building up the Exclusionary rules of Illegally Obtained Evidence in China. This dissertation is divided into four chapters.Chapter 1 is about the definition of the Exclusionary rules of Illegally Obtained Evidence. The author defines the meaning of "illegal", "evidence", etc.and points out"illegal" is not equal to "legitimacy" which is one of the basic characteristics of the our country litigation evidence. in the end of this chapter, the author define the meaning of " the Exclusionary rules of Illegally Obtained Evidence ".Chapter 2 is about the international actuality of Exclusionary rules of Illegally Obtained Evidence.The different nations have different provision of the rule because of its oneself reason. The author analyzes the different provision of the rule such as the United States, the U.K.,Germany,Japan and United Nations, mainly about two aspects- the Exclusionary rules of Illegally Obtained Oral Evidence and the Exclusionary rules of Illegally Obtained Reaol Evidence.Chapter 3 is about the necessity of building up our country's Exclusionary rules of Illegally Obtained Evidence.The author demonstrates the necessity of building up our country's Exclusionary rules of Illegally Obtained Evidence from the aspects of constructing socialism country under the rule of law,guaranteing human rights, supporting judicial fair and current judicial need etc.In th 4th Chapter,the author designs our country's Exclusionary rules of Illegally...