The Procedural Construction Of Exclusionary Rule Of Illegally Obtained Evidence

Exclusionary rules of illegally obtained evidence as an important system, which reflects the characteristics of the Criminal Procedure Law, between crime or punishment and the protection of human rights’confront. But the system in our country has not fully established. Although the exclusion of illegal evidence for the system is research and in practice is matures, as a purely procedural law system, it is lacked of forced our attention. Therefore, in order to make up for this deficiency, the state issued regulations to perfect, but there still with little success. So we solve our illegal evidence in judicial practice does not completely rule out the rules for the use of the status, not only to work hard in physical law, it is important to find the entity supporting the procedural law wears the content, so the author in the topic, is focusing on the illegal evidence exclusion rules build the rules of procedure, hoping to find a fit with our localization of the procedural rules of the illegal evidence, so that in our country at the exclusion of illegally obtained evidence can be truly implemented.The author of this paper is about the procedural aspects of criminal proceedings the contents of in the paper is not the main ways to express a point of view of academic research or academic research on the theory of some sort of rebuttal or reconstruction. The author’s thesis is to design the contents of a set of effective, both in theory and practice in the use of both the procedural operations.The whole thesis is how tightly constructed around illegal evidence exclusion rules of procedure, but one in which part or in construction of some content, you may draw some existing ideas, and its evaluation and selection.This paper want to construct the main focus of the illegal evidence elimination procedural content. In order to better in papers for design and construction program content, the author in the front part is mainly to the program, and building matting of certain innovation. In the paper, the author not only of illegal evidence elimination related to the basic theory, also expounded on constructing the illegal evidence elimination rule shall be the basic principles of which are discussed in this paper. From our country current academic research and relevant foreign literature material of illegal evidence elimination, according to the rules of procedure building to the basic principles of there wasn’t much research. But as a criminal procedure law system, eliminating illegal evidence rules also need to follow some basic principles, need such principles through evidence elimination throughout, reflect eliminating illegal evidence rules of constructing basic program purpose and mission, decided the illegal evidence elimination rule of constructing basic framework and procedures, and basic characteristics of this building legislative, judicial and law enforcement guidance content existsThe most important part in the fourth part is illegal evidence rule’s procedural building content. The author in this part is design out of phase, for example, eduction find responsibility and proof responsibility and innovative points. I hope the this system can contribute to our country’law.