Several Studies Illegal Evidence Elimination Rule

The Exclusionary Rule of Unlawfully Obtained Evidence is an important safeguard in terms of system to protect suspect’s human rights during criminal procedure and prevent from using illegal measures of violating human rights like extorting a confession by torture to collect evidence. The system and theories of the Exclusionary Rule of Unlawfully Obtained Evidence are comparatively complete in foreign countries and regions while we have been at the investigating and studying period in our country for quite a long time. In May 2010, five commissions and ministries issued two legal documents on the system of the criminal evidence. In the field of criminal proceeding, these two legal documents have taken not only the first step but also a very important step in the Exclusionary Rule, which would promote the progress of legislation for criminal evidence in China.This article started with the two regulations and approached the fundamental concept and the theoretical foundations of the Unlawfully Obtained Evidence and the Exclusionary Rule. It defined that the Exclusionary Rule of Unlawfully Obtained Evidence means the evidence, which is obtained by the law enforcement agency or its officials by illegal measures, cannot be adopted in the criminal trail. The article sorted out the essential structure of the foreign Exclusionary Rule by comparing the primary coverage and the developing process of the rule in foreign countries and districts with different genealogy of law, such as the U.S.A., the U.K. and German. Besides, the article evaluated and analyzed the two regulations in their nature, background and purport. Getting in touch with the particular legal provisions in the two regulations, it also explored the virtues one by one.Though the two regulations have quite a lot of breakthrough, but how it works in practical operation and how effective it will be, is still a question. As a beginning of the Exclusionary Rule of Unlawfully Obtained Evidence in our own country, the two regulations are the result of compromise and have requisite of development. At last, getting in touch with the way of practice and the process of law in our country, the article throw out three suggestions:to consummate the suitable limits, to distinct the power and the responsibility of the subjects and to advance interrelated systems, in order to make more effort to structure and consummate the Exclusionary Rule of our country.