The Burden Of Proof Of Illegal Evidence

Modern criminal procedure law pursues the evidence principle, whichmeans that the facts of the case must rely on evidence which must haveevidence ability and have been verified. Thus, evidence collection shouldbe lawful, and illegal evidence should not be used as the basis to determinethe case facts. However, in practice there are always illegal evidence andviolations of human rights behaviors and the wrong cases because of illegalevidence. In order to accurately punish the crime and safeguard humanrights, illegal evidence would have to be excluded from the court. So theburden of proof of illegal evidence should be apparently formulated in thelaw. This article focuses on how to distribute the burden of proof of illegalevidence and the legal basis of the distribution, and the measurements toensure the application of the distribution of the burden of proof of illegalevidence.The article has a preface and three parts:The first chapter introduce the illegal evidence's concept, scope,cause and forms,especially the American and our country's scope of illegalevidence in comparative view. Finally the illegal evidence, invalidevidence and the slight defective evidence are compared.The second chapter introduces the theory and practice of the burden ofillegal evidence. Firstly, the concept of the burden of proof and the ideasand principles of the distribution of the burden of proof are discussed. Alsothe characteristic of the burden of proof of illegal evidence is indicated.Secondly, foreign theory and practice of the allocation of the burden ofproof of illegal evidence will be investigated, and the continental lawsystem and common law system's proof responsibility of illegal evidencewill be compared.The third chapter is about the current situation of illegal evidenceproof responsibility in our country and improvement suggestions. Thewriter will discuss the current situation of our country's illegal evidenceproof responsibility from the legislative and judicial view and then put forward the view of the allocation of the burden of proof of the illegalevidence and the relevant security systems.