On The Exclusionary Rule Of Illegally Obtained Real Evidence

The illegal evidence exclusionary rule is an important aspect of evidence rule, which becomes one of the hot spot questions that the field of law to talk about for the last few years. Because the further development of the nomocracy request the perfect evidence rule. Our country's constitution and criminal procedural law and other laws contain the citizen's personal rights, the right of property, the freedom of communication, the privacy of communication and so on. Adapt to it, our country have already established the exclusionary rule of illegally obtained oral evidence and the exclusionary rule of illegally obtained real evidence. But the ordain about the exclusionary rule of illegally obtained real evidence seems more principle and illeqibilty. It may can not put into practice. This article focus with this, discuss the question that if we need to establish the exclusionary rule of illegally obtained evidence and how to establish.The first part of the article discusses the conception of the exclusionary rule of illegally obtained real evidence. From the conception of illegal evidence and according to the rules of correlation law, we have a definite conception of our country's exclusionary rule of illegally obtained real evidence.The second part discusses the the oretical basis of the exclusionary rule of illegally obtained real evidence. And discusses from protect the human rights, the justice of substantiality, the justice of procedure, the efficiency of lawsuit and the deterrence theroy. This part shows that the exclusionary rule of illegally obtained real evidence has important meaning in theroy and this part provides support in theory for establishing the rule.The third part discusses the exclusionary rule of illegally obtained real evidence of the UK and the US, especially the US. It introduces the establish, the development, the area, the exception and the operate procedure of the American's exclusionary rule of illegally obtained real evidence. By this part's discussion, it provides experience for our country.The forth part main discusses the available exclusionary rule of illegally obtained real evidence of our country and the limitation of it. It points that the rule is so principle that can not operate in practice. And the alternative measure is inadequate too. It can not instead of the exclusionary rule of illegally obtained real evidence. So we must substantiality the rule.The last part put forwards the establish of the exclusionary rule of illegally obtained real evidence. First, it disscusses the experience of the abroad. Seconed, it disscusses the content of the exclusionary rule of illegally obtained real evidence and talks about the different points about the establishment of the exclusionary rule of illegally obtained real evidence. After clarify the position, it makes a detailed account about the operation procedure of establishing the exclusionary rule of illegally obtained real evidence.