On The Illegal Evidence Exclusion Rules

Illegal evidence exclusion rules produced in the United States, after the countryruled by law for the protection of human rights concern, while gradually Statesadopted, and have established the illegal evidence exclusion rules compatible withnational conditions. National manifestations vary widely, but is essentially a measureof the intrinsic value of the illegally obtained evidence, the choices made by economicdevelopment and social changes in the environment, the form of crime, showing adiversification, diversification characteristics a very important point criminalproceedings in the criminal justice activities is the identification of evidence, so thatillegal evidence exclusion rule came into being. By the Supreme People’sProcuratorate, the Ministry of Public Security, Ministry of State Security, Ministry ofJustice jointly developed the "two provisions, as well as two sessions this year by theCriminal Procedure Code amendments on the provisions of the rule excludingillegally obtained evidence, all reflect the China and the world’s mainstream rules ofevidence. standards, more advanced in our legislation, the legislation there are somerough edges, operability is not strong. Illegal evidence law perspective, efforts toexplore the problems and hardship suffered by the illegal evidence and illegalevidence exclusion rule in the law and judicial practice, and proposed improvementmeasures for the problems of excluding illegally obtained evidence sound rules toplay a positive role in promoting.This article is divided into five parts, a total of two thousand words: Chapter one: the concept of illegal evidence and illegal exclusionary rule, thestandards defined. From the broad and narrow through the national mainstream viewof doctrine and of the legislative provisions, this specification, and its flaws evidenceto be a comparative analysis, the values embodied in the pursuit of illegal evidenceexclusion rules and sources of law, and pointed out that the identified the pros andcons and importance of the standard theory of illegally obtained evidence and illegalexclusionary rule given discourse.Chapter two: to establish the theoretical basis and the value orientation of theillegal evidence exclusion rules. That part discusses the theoretical basis of the ruleexcluding illegally obtained evidence, such as the United States, Britain and otherWestern countries, and introduced the doctrine of the mainstream, to establish a soundtheoretical support and the basis for the rule excluding illegally obtained evidence.Chapter three: The extra-territorial provisions on illegal evidence exclusion rules.By civil law and common law provisions of the rule excluding illegally obtainedevidence, mainly the United States, Britain, Germany, France, and two legalprovisions to make a comparison, combined with China’s relevant rules with which tocompare and combine national conditions and go to its dregs, its essence.Chapter four: legislation on illegal evidence and illegal evidence exclusion rules,judicial practice, the status quo and the existing problems and the dilemma. Theprovisions of the Constitution, Criminal Law, Criminal Procedure, discusses the newCode of Criminal Procedure and the Provisions of the "two provisions of the illegallyobtained evidence, the reasons for the plight of China’s judicial practice, from theinvestigation mechanism, accountability mechanisms, prevention mechanism specificanalysis, and related systems, combined with the practical problems in the process ofcriminal proceedings, indicating that China’s illegal evidence exclusion rules sound along way to go.Chapter five: on the establishment of a sound of illegal evidence exclusion rule,according to the situation of illegal evidence in the legislative practice, through thedevelopment of specialized Code of Criminal Evidence and improve the preventivemechanism, strengthen supervision and management, and judicial staff, and citizens’ ideas upgrade, and improve after the disciplinary mechanisms related systemscomplement each other, to make the illegal evidence exclusion rules to betterimplement in practice.