Application Of The Exclusion Rules Of Illegal Evidence In Criminal Cases

With the new situation of the crime, especially the rapid rising of violent crime and organized crime's rates gradually become the new problem China's criminal law must respond to. In this case, the exclusionary rule of illegal evidence and its applicable scope become the research focus of Chinese literature search field. Especially in 2010 July, the Supreme People's court, the Supreme People's Procuratorate, the Ministry of public security, the Ministry of state security, the Ministry of Justice jointly developed a file, "the handling of exclusion of illegal evidence in criminal cases", first defining the criminal illegal evidence exclusion rules in academia, then a research wave of illegal evidence exclusion rules set off.This article starts with the case of Du Peiwu, and combines with the purpose of setting law and reform legislation, and the judicial practice, trying to carry on and sort the existing problems in the file "the handling of exclusion of illegal evidence in criminal cases", and carrying on a more thorough jurisprudential analysis in order to guide the judicial practice. This paper is divided into three parts, the first part discusses Du Peiwu case as the breakthrough point, introducing the basic information about the case; the second part of the case analyze the existing problems in the case ; the three part is on the analysis basis of the second part, deep from theory and practice discusses and analyzes the unreasonable problems in"the handling of exclusion of illegal evidence in criminal cases" itself and the deficiencies in the judicial practice; through the paper, we can summarize the following points as the existing problems in " the handling of exclusion of illegal evidence in criminal cases": firstly, the range of the way to obtain illegal words evidence is too narrow, and there isn't unified definition standards; secondly, illegal physical evidence exclusionary rule is too general; thirdly, there isn't a provision about the derivative evidence (i.e. the" fruit of the poisonous tree" ); fourth, the interrogators'legal responsibility is not clear when they did not testify in court; fifth, the relief procedure is not perfect in "the handling of the exclusion of illegal evidence in criminal cases ". In view of the problems with the judicial practice in our country, the author boldly put forward the perfect suggestions about "the handling of exclusion of illegal evidence in criminal cases". In this way, the author hopes to provide useful reference on the exclusionary rule of illegal evidence legislation and judicial practice in problem solving.