Illegal Evidence Exclusion Rule Exceptions Study

Exclusionary Rule is an important rule in evidence theory. This rule originated and developed in the United States. With the people's attention to the human rights, it is recognized by more and more country. Our country was making investigation from the end of last century and having many science papers. The Exception is an important part of the Exclusionary rule and it has an important impact on building Exclusionary rule in our country. So this article discusses the Exceptions for helping the legislation and the practice.Exceptions were started and developed in the United States. The United States is the best country that enforces the rule, so American law is my article's study object. The final purpose to study Exceptions is study how to build Exclusionary rule in our country. So this article has some advice to it.This article consists of four parts, which is about 40,000 words.Foreword is mainly about that building Exclusionary rule is the choice of criminal procedure purpose. With the advancement of nomocracy and comparatively sufficient theory of Exclusionary rule in our country, it is the time to building the Exclusionary rule. Author agree with the pattern of "Exclusionary Rule add Exceptions". Then the article explains why chooses the Exceptions from the American law as study object.The first chapter of this article summarizes the Exceptions's matrix——Exclusionary rule. It defines the definition and range of the Exclusionary rule, and analyses different voice from approvers and opposers. From the two kinds of voices, it reflects that this rule has disputation. But the voice from approvers has succeeded, I agree with it too, then the article talks about the value of Exclusionary rule.The second chapter of this article is about the study of the Exceptions, which is the theory of Exceptions. This part is mainly concerned with the meaning of Exceptions, and defines the broad sense definition and the narrow sense definition. Then the article studies the significance of Exceptions, the reasons of Exceptions and the independent values. The third chapter of this article introduces the Exceptions in the United States. Because the United States is a case law country, the Exceptions is scattered in different cases and isn't classified. For study expediently, I collected and classified the Exceptions in the United States based on a lot of information. Author divided the Exceptions into two parts which is "the Exceptions of Exclusionary Rule itself" and "the procedural Exceptions of Exclusionary Rule".The fourth chapter of this article mainly talks about establishing the Exclusionary Rule in our country, and the conclusion is the pattern of "Exclusionary Rule add Exceptions". Then this part brings forward the principles of Exceptions and Exception's examples. Finally, the article advises reforming the former judge procedure. It advises that our Criminal Procedure Law should add some procedures of discovery, cognizable Exclusionary Rule and endorse orders.