Criminal Illegal Evidence Exclusion Rule Research

The exclusive system of illegal evidence is one of the most important rules in criminal evidence system. They prevail the conflict and harmony between the main valuation objectives on the process of the criminal control and the protection of human rights. As important rules to protect human rights, the rules have been accepted by many countries in the world. But there is a dispute on the exclusion of the illegal evidence in China's academic and theoretical circle. Strengthen the study and the exploring of the exclusionary rules for the establishment of the rules of criminal procedure in China is of great significance. In this paper, using the method of comparative study, the author made some ideas for establishing the rules in light of China's theoretical research status, legislation and judicial practice status. In addition to the introduction and the conclusion, the text is divided into four parts:The first chapter of this article outlines on the exclusionary rules for illegally obtained evidence. This part introduces the meaning of the illegally obtained evidence and the exclusionary rules for illegally obtained evidence, as well as the value of the exclusionary rules. Illegally obtained evidence is collected by the state organs and their staff in the course of violation of legal procedures or practices, violation of the legitimate rights of some people. The exclusionary rules for illegally obtained evidence is that illegal evidence should be excluded in criminal proceedings, it should not be used as evidence against the accused. The values of the exclusionary rules include the protection of human rights, and the restriction of the exercise of the powers, and safeguarding judicial justice.The second chapter of this article is about the inspection on the exclusionary rules in foreign countries, e.g. the United States, the United Kingdom, Germany and Japan. Because of the different social backgrounds , cultural traditions, systems and litigation models, the rules are different in these countries. The exclusionary rules originated in the United States. This paper describes the background and development of the rules.The third chapter describes the present exclusionary situation of the illegally obtained evidence in China. It contains theoretical study status, legislative and judicial practice status. The author makes a suggestion that the illegally obtained evidence should be treated differently. The illegally obtained oral evidence should be excluded, the judge decides whether to exclude some illegally physical evidence. The present Chinese Criminal Procedure Law does not include the rules. The Supreme People's Court and the Supreme People's Procuratorate have provided in their interpretations and opinions that the statements illegally obtained from witnesses, defendants, and victims should not be used as evidence in trial and prosecution. But because of various difficulties , the Supreme Court's decision concerning the exclusionary rules has not been followed in China's judicial practice.The fourth chapter mainly talks about establishment of the exclusionary rule in China, it is the core of the paper. This chapter discusses whether there is the necessity to incorporate the rules, the application scope of the rules, the several issues on the operation of the rules and related supporting systems. First, the necessities contain extorting confessions by torture and other illegal acts in order to protect legitimated rights of the individual, achieving justice and fulfilling its international treaty obligations. Then the author makes a study on the scope the rules, suggesting China adopt different policy towards evidence obtained with different means in different circumstances.There are 4 aspects in the operate process, including the proposing parties, the proposing time, the excluding parties, the burden of proof and the standard of proof. The proposing parties are defendants who should propose the application before the trial, and the application can be put forward in court in special circumstances. Court judge whether to exclude illegally obtained evidence. The procuratorate should bear responsibility to prove that the evidence to allege the accused is legally obtained. The standard of proof is "eliminate reasonable doubt". Finally, the related supporting systems contain the lawyers-on-site system, audio and video recording system, evidence discovery system and investigator testifying system in court.