The Research On Illegal Evidence Exclusion Program

Illegal evidence exclusion is an important problem of criminal law, it not only concerns the truth of entities and due process, Control criminality and protect the human rights, but also concerns the balance of conflict of Interest between the states rights and the citizens'rights and the realization of the criminal suit purposes. The procedure of illegal evidence exclusion restricts some evidences,which not only helps to accurately find out the facts of the case, but also helps to realize the values of human rights, justice and efficiency.Relative to the previous law and judicial interpretation,"Illegal evidence exclusion rule."has a great breakthrough in the exclusion of illegal evidence. It stipulates the procedure of illegal evidence exclusion in detail,making the profound implication of the rule of law, human values can be realized, connecting the gap between reality and theory area by the specific practices.At the same time, we should understand illegal evidence exclusion process in "illegal evidence exclusion rule" excluding many Deficiencies:" it only requires that the defendant and his counsel have the right to sue,, but the victims, witnesses do not enjoy this right;the preliminary proof responsibility of The defendant demands too much,which may block the starting programs of illegal evidence elimination.what's more,the burden of proof of the prosecutor is not enough, which means that prosecutor can Complete proof easily,and makes the claims of the defense not supported.Currently,Illegal evidence exclusion has become the spirits of a common core of the law of evidence in many countries. Therefore it is necessary to investigate the illegal evidence exclusion program about the other nationals.There are the typical illegal evidence exclusion program including the U.S. pre-trial motion mode, the UK trial, the Russian pre-trial hearings in Russia and so on.Through the study of the procedure of Illegal evidence exclusion,it helps us to better solve their own problems.For illegal evidence exclusion process can really play a role in judicial practice, to protect the suspect and the defendant's legitimate interests, it need to improve our current procedures of illegally evidence.Based on these research, author completes the thesis finally through research, comparative analysis, the main content as follows:The main content of the first part is the theory to explain the procedure of Illegal evidence exclusion.Including connotation and denotation of illegal evidence, the definition and characteristics of illegal evidence exclusion,the value of the procedure of Illegal evidence exclusionThe main content of the second part is the legislation and the problem of Illegal evidence exclusion program in our country. This section begins by describing the Legislation of illegal evidence exclusion,then obtained evidence that the process of China's problems,including. The Victims and witnesses are not enjoyed the right to sue, the preliminary proof responsibility of The defendant demands too much, the burden of proof of the prosecutor is not enough,it is not formulated that illegal evidence exclusion program is a standalone program or non-independent programThe main content of the third part is the investigation and assements on the Illegal evidence exclusion aboard. This section focuses on the the illegal evidence exclusion procedure of United States, Britain, Germany, Russia. This paper also gives a comparative analysis.The main content of the fourth part is a number of conceives to improve illegal evidence exclusion program. This part is the focus of this article, it proposes a comprehensive program to improve illegal evidence exclusion. Including that expand the scope of subject to Proceedings Defense can propose in the second trial and the retrial procedure,improve defendant's and prosecutor's proof responsibility and Standard of proof.The main content of part v is to improve the systems with illegal evidence exclusion.including that improve the disciplinary system of torture officers, establish the system to foece witnesses appear in court.