On The Establishment Of The Rule Of Excluding Illegally Obtained Evidence

The earliest evidence of illegal exclusionary rule is established in common law countries, and has formed a complete system. The rules also have the embodiment of sporadic in China's relevant laws. Illegal evidence exclusion rules reflect the basic concept of the protection of human rights, crime control and the balance to follow proper procedures on the two modes of Criminal Investigation criminal activities.The rules have a clear constitutional basis in our country. The establishment of illegal exclusionary rule can solve China's criminal justice practices in the practical issues, such as extorting confessions by torture; to improve our country's structural integrity of the criminal procedure rules.We should overcome the following obstacles to make the rules established in our country: China's traditional culture based on collective thinking seriously and neglected the rights of the individual; Citizens background in virtual terms over the pursuit of justice, lacking of procedural justice values; There is something wrong with the traditional concept of the investigation organs; And lacking Criminal input and basic principles in setting up law in this stage. Established in line with China's national conditions of China's illegal exclusionary rule to evidence and consider the fight against crime and the protection of human rights; consider benefits from the experience of foreign countries and China's practice. China on the establishment of the general rules to exclude additional exceptions to the principle of the legislative mode; Criminal suspects, defendants and their counsel request in the evidence discovery stage; And the judge to determine whether should be excluded or not. The investigation organs should bear the relevant responsibilities in the decision of illegal exclusionary evidence. For illegal evidence ruled that the appeal filed granted the two sides to provide relief opportunities. The poison tree fruit has also taken exception of the exclusion principle and mode. Attention should be paid to new investigative techniques used in the course of illegal evidence exclusion issue.The establishment of the rule will have the related system as a guarantee, the evidence established Pretrial discovery system, the perfection of the right to counsel, the right to silence from the source to reduce illegal evidence system, and strengthen the investigative organs investigative constraints, the addition of procedures illegal sanctions mechanism, strengthen the procuratorial organs on the investigation of the activities of supervision.