The Research On Criminal Illegal Evidence Exclusion Rules And Implementation In China

Illegal evidence exclusion rule is in criminal proceedings, because the evidence to obtainillegal, but not for the Court adopted as the conviction and sentencing in accordance with therules. Illegal evidence exclusion rules as important evidence of the system of protection ofhuman rights is an important indicator of the measure of the civilization of a countryjustice.On June24th,2010,the regulation about ruling out the illegal evidence in criminal case(the regulation), which is made by the Supreme Court, the Supreme Procuratorate, theDepartment of Public Security, the National Security and the Department of Justice, has beenofficially announced by the Supreme Court. This judicial interpretation is not only a greatachievement to the criminal judicial reformation, and also an innovation and breakthrough tothe criminal evidence system. What’s more, it is the most important measure to furtherimprove the criminal procedure, to ensure the quality of solving criminal case, to guaranteeevery party’s lawful rights and interests, and to promote the justice of judiciary,the regulationmarks China has stepped into the era makes the illegal evidence rules lawfully supported.The illegal evidence exclusion rule in China has gone through a scratch from scattered tofocus on the process, I study the History of China’s illegal evidence exclusion rules, andconsolidated our laws on illegal evidence exclusion rules, Illegal evidence exclusion rulesestablished by the Regulations and the Code of Criminal Procedure Amendment interpretation,the lack of legislative analysis, that the current illegal evidence exclusion rules in thelegislation, such as evasive, and operability is not strong,lack of relief program, the exclusionof derivative evidence not provided for, such as defects.Laws alone is not sufficient on theirown, theory into practice is quite a distance, so the author of China’s illegal evidenceexclusion rule in the implementation of the plight of its main performance of the judicial cannot exercise judicial power independently, a lot of correctionseasily lead to evidence offorgery, the judge evidence can not be ruled out, I believe that the implementation shouldensure that the independent jurisdiction of the judicial tribunal set up a separate pre-trialexcluding illegally obtained evidence, improve the standard of proof of the prosecution andjudicial personnel, law enforcement officers and the public to update the rule of law conceptto begin.