Callenge Of The Exclusionary Rule To The Investigation Of The Crime By Taking Advantage Of Duty And Its Response

The exclusionary rule is a legal principle originated from the United States, which has been considered as a right remedial measure to against the act of tort done by Police as well as one of balance points to protect human right and fight against crime. Our China traditional judicial system has a tendency that bias towards the body and against the procedure. In legal system, especially the legislation of procedural law including the evidence system has always been criticized and which also brings a lot of troubles in practice. Under this background, Stipulation of Several Issues on Exclusionary Rule Applyin in Criminal Case handling(hereinafter referred to as" Stipulation of Exclusionary Rule ") and " Stipulation of Several Issues on Evidence Judging in Death Penalty Case Examining (hereinafter referred to as the" Stipulation of Evidence in Death Penalty Case ") have been jointly issued by the Supreme People’s Court, the Supreme People’s Procuratorate, the Ministry of Public Security, the Ministry of State Security and the Ministry of Justice in June of2010.This essay would like use the basic content of exclusionary rule applied in China as the starting point to analyze the concrete influence on China procuratorial organs for the investigation of the crime by taking advantage of duty after the application of exclusionary rule, and moreover to find the reason and provide its suggestion.Besides the foreword and epilogue, this essay consists of three parts. The first part introduces mainly the basic content and features of exclusionary rule applied in China. The second part, based on the features, measures and risk of the procuratorial organs in the investigation of the crime by taking adva+ntage of duty, analysis the various concrete effects of exclusionary rule on the investigation of the crime by taking advantage of duty after its application. And in the third part, the author would like provide the countermeasures to the applied exclusionary rule in several concrete aspects such as strengthening the interrogation tactics training, improving the level of technical investigation and improving the procedural consciousness, technical quality, psychological quality of the investigator as well as the lawmaking suggestions.