The Illegal Evidence Elimination Rule Research

In the criminal procedure, the protection to rights of the accused, against the enforcement authority, is one of the core value of the system. National power is the powerful backing of the judicial functions. Only the huge state machine has stable operation, crime phenomenon can be gradually controlled and improved. Yet in the face of state power invading personal rights and judicial justice authority, we need to setup some rules against the abuse of power in criminal procedure.The exclusionary rule of illegal evidence is an important and complicated rule in evidence rules system. It is a kind of rules to excluding obtained evidence by investigator’s illegal enforcement. The evidence obtained illegally includes illegal oral evidence, illegal physical evidence and derivative evidence. The exclusionary rule of illegal criminal evidence has a great impact to fighting against illegal behavior, such as torture, and plays an important role in protection of basic civil rights, also reflecting a special system value about the spirit of pursuing freedom and justice.Throughout the evolution of the American legal system, the development of evidence system reflected the distinctive characteristics of the times. As a pioneering rule, the exclusionary rule of illegal evidence, has formed a complete system, and almost became an important symbol of the criminal litigation system. In2010, our judicial departments released "the two rules". It indicates that the exclusionary rule of illegal evidence has been set up initially. Therefore, it is necessary to do the research and integration of its background, history and value basis. For the future, through the comparison analysis and research of our legislation and practice, it will provide important reference meanings to construct suitable evidence elimination system.