Criminal Illegal Evidence Exclusion Rule

The Excluding Unlawful Evidence Rules means in the criminal lawsuits, the rules that can not be accepted by the court to terminate the crime and impose sentence accordingly because of the evidences obtained illegally which leads to excluding the ability of the evidences (evidence competence). The" unlawful evidence" in the rules only means the evidences, for which, the juridical officers disobeys the forbidden rules and infringe the basic rights of the criminal suspects, defendants and witnesses during the course of collecting the evidences. In a word, whether the illegally-obtained evidences have the evidence ability and whether the excluding unlawful evidence rules should be established or not is substantively a problem of the conflict and harmony between punishing the criminal and protecting the human rights.The legality of the criminal proceeding is the precondition of the validity and justness of the criminal lawsuits evidences and the necessary condition to realize the judicial justice. However, for the related legislative and judicial actuality in our country, there are many problems to be solved urgently in both the procedure system and the design of the evidence rules and the concepts on executing the law. Hereby, on revising the "Criminal Procedure Law of the People's Republic of China" now, it is of great significance for consummate China's criminal procedure system and regulating the police and judicial organizations on their executing the criminal laws to analyze the reasons of the illegal criminal evidences under the judicial practical actuality.It is necessary to set up proper theory base firstly for establishing feasible excluding unlawful evidence rules. From the current situation of our country and considering this problem form the viewpoint of comparative rationalism, we can only put guaranteeing the lowest procedure justice, protecting the citizens' most important rights and restraining the severe unlawful acts and ensuring the basic human rights as the theory base of establishing China's excluding unlawful evidence rules. The construction of china's Excluding Unlawful Evidence Rules should include two aspects. One is substantive rules, which will conclude provisions of the scope of unlawful evidence, the methods of handling such issue, as well as legal consequences after illegal evidence was identified. For unlawfully obtained evidence of words, its proving capacity should be judged by investigating whether it is the true meaning of statements. The real evidence, obtained through the illegal search, seizure and attachment methods, the value of which should be weighed against the principle of interests and it will be determined depending on the principle of "absolute rule out additional exceptions". Whether the "poisonous tree fruit" shall be excluded or not largely depend on the extent of violation of law during the process of obtaining evidence and the importance of evidence, which will be conducted by judicial organs and procuratorate organs. The other is procedure rules, which will conclude rules about how to launch examination procedure about legitimacy of evidence, how to examine it, who will be responsible for proving and other rules. Only procedure rules are established, illegal evidence exclusion rules could be really implemented.We should not only rely on our own law cultural traditions, socio-economic conditions and basic national conditions but also absorb advanced conception at the basic of criticizing, and finally our own illegal evidence exclusionary rules will be formed. Criminal activity will be limited in the scope of the necessary by excluding those evidences obtained through violating basic civil right, so punishment of crime and protection of human right, which are the value of criminal justice system, will maintain the "dynamic equilibrium" and in the end substantive justice and procedural fairness will be achieved.