Practical Operation Rules Of Illegal Evidence Exclusion

Two new rules of evidence have been carried out form July 1,2010, which introduce a large number of foreign advanced legislative experience and ideas. Two new rules of evidence not only refine the exclusionary rule of illegal evidence, but also define the connotation and extension of the illegal evidence and set the specific operating procedures. The establishment of exclusive rule of illegal evidence is beneficial to effectively prevent extorting a confession by torture. But it is not satisfactory that the exclusion rule of illegal evidence is practiced in China, because the legislation is not perfect. What is worse, there is a conflict between the judicial environment and value. Therefore, the judicial system is not perfect. This article discusses the new trends about the application process of exclusionary rules of illegal evidence and tries to further develop and refine the exclusion rule of illegal evidence.The first chapter is an overview of the exclusionary rule of illegal evidence. The chapter involves the definition of illegal evidence exclusion rules, the development of the illegal evidence exclusion rules and the value of establishment. What is more, the chapter discusses the definition and value of the exclusionary rule of illegal.The second chapter is about the barriers of the exclusionary rules of illegal evidence been practiced in China. The author will find the issue the exclusion rule of illegal evidence in China’s judicial practice, in order to make an objective evaluation to he rules of the actual operation.The third chapter refers to the practical operation of the exclusionary rules of illegal evidence. The chapter tries to draw lessons from domestic and international experience and combine with the judicial practice of criminal proceedings under the existing legal framework. The scope of application is the importance of the exclusionary rules of illegal evidence, which is helpful to the rules.The fourth chapter is about the practical operation of procedural rules. Our country should set up court evidence display system and implement the review system of the fact the referee and referee discrete. At the same time, the chapter discuses how to improve the procedure of relief program and explains the issues that the defendant appealed against because of the illegal evidence exclusion rule in appeal court.The fifth chapter is about the supporting system of the illegal evidence exclusion rules. This chapter emphasizes the importance of the procuratorate and the court.It is necessary that further improve our country supporting system and realize the practical operation of the exclusionary rule of illegal evidence.