Study On The Exclusionary Rule Of Illegal Obtained Criminal Evidence

Along with our country legal system construction advancing the idea of the rule of law, win support among the people, our people’s human rights consciousness is more and more strong, protection of private rights increasingly strong voice. At the same time, the state will continue through the judicial system, in the fight against crime, maintain social stability and to maximize the protection of private rights of people. Exclusionary rule of criminal illegal evidence is the protection of private rights of investigation right infringement of armor, however, our country’s criminal illegal evidence exclusion rules just establish; in practice there are many difficulties to face. How to weigh the pros and cons of criminal illegal evidence exclusionary rules, to maximize the protection of private rights, weakening the connivance of crime defects, in the protection of private rights and the crime needs to find a balance between, the establishment and the situation of our country to adapt to the exclusionary rule of criminal illegal evidence in our country is facing the problem.This paper is divided into preface, text, conclusion of three parts. The text is divided into four chapters, the first chapter from the exclusive rules of illegal criminal evidence concept; introduce the basic rules of meaning. Then, introduce the rule of value basis.The second chapter mainly introduces the exclusionary rule of criminal illegal evidence in America, British, Germany’s development history and current situation. Thus obtains our country to establish the exclusionary rule of criminal illegal evidence should draw lessons from the experience. The third chapter of the criminal illegal evidence exclusion rules of the status quo analysis, mainly from the two aspects of legislation and judicature in China Analysis on the lack of legislation and the problems in time.The fourth chapter in the analysis of criminal illegal evidence exclusionary rules in China on the basis of inadequate combined with China’s actual conditions and existing theories proposed consummates our country criminal illegal collection rule proposal.