Criminal Illegal Evidence Exclusion Rule Research

The Exclusionary Rule of Unlawfully Obtained Evidence is an important part of the criminal procedure system. The rule has been confirmed by the major countries in the world and it is a criminal judicial standard of the U.N. The provisions are different in different countries, but this rule contains some universal values such as human rights, and procedural justice. The values have been accepted by the most countries. In China, to establish the rule is not only to comply with the world trend, but also a necessary condition for the construction of a socialist country ruled by law. The article is divided into four chapters.Chapter one consists of two sections. Section one is the summary of the Exclusionary Rule, which introduces the concept of illegally obtained evidence and the concept of the Exclusionary Rule. Section two discusses the value foundation of the rule which includes protecting human rights, limiting the public power and procedural justice.Chapter two is about the inspection on the exclusionary rules in foreign countries, e.g. the United States, the United Kingdom, Germany and Japan. The Exclusionary Rule originated in the United States. So the introduction about the United States is more detailed.Chapter three, the first section discusses the legislative and judicial condition nowadays about the rule from the Constitution, the Procedural Law and the judicial interpretation perspective; the second section names three main obstacles on establishment of the rule: problems from ideology, judicial system and evidence regulations.Chapter four studies the establishment of The Exclusionary Rule of Unlawfully Obtained Evidence in China, which consists of three paths:refreshment on ideology, improvement on legislation and establishment of relevant systems.