The Improvement Of The System Of Criminal Procedure Illegal Evidence Exclusion

With the rise of the two "Evidence provides that" the introduction of modifications ofthe Code of Criminal Procedure and Criminal legislative activities related to the problemof illegal evidence exclusion rules in the theory and practice more and more attention.However, our legislation and judicial interpretation and can not be together on the actualneeds of the standard, that is not the appropriate balance between crime control and dueprocess. Objects on illegal evidence exclusion is limited to torture and other illegal meansto obtain evidence. Exclusion of physical evidence to take the extremely stringentrestrictions attitude. In judicial practice, few court such as the Court of Beihai open firststart illegal evidence exclusion program, but the whole did not become generallyapplicable procedures. In addition, the provisions of our legislation is too broad-brush,with a great deal of room for interpretation, lead judge enjoys a great deal of discretionand can not really uphold justice. Although extorting confessions by torture is widespreadin our country, guilty of first instance rate remains high, but as a favorable means to limitthe abuse of public power, the illegal evidence exclusion rules are basically the terms ofthe "Sleeping Beauty". In this paper, the theory of illegal evidence exclusion rules analysisand empirical research in the relevant provisions of the combination of the Western rule oflaw in the country of illegal evidence exclusion rule there are two levels of the legislativeand judicial issues, and the author’s humble opinion, find out a suitable realistic path. Tostrike a balance between the protection of freedom of the people and crime control.