The Application Of The Exclusionary Rules Of Illegally Obtained Evidence

On the premise of exclusionary rule of illegal evidence formally Established into civil suit legislation, we take the first case of illegal evidence in our country as empirical analysis of samples. Based on the concept of illegal evidence’s normal, we compare illegal evidence with defective evidence, and analyze the effect of illegal evidence’s elimination and extension of illegal evidence collection method, by the procedure before investigation, and combine the procedure of illegal evidence’s elimination to analyze cases comprehensively. From the view of the criminal justice unspoken rule, written proof of the negative effect and political and cultural factors analysis. We evaluate the theoretical basis of the exclusionary rules of illegal evidence, legislative status, practice status and deterrent function, and consider the applicable value conflict of the exclusion rule of illegal evidence and realistic obstacle factors combined with the torture to extract confessions of a trumped-up case cause. According to the mode of illegal evidence’s forced elimination of the United States and the mode of the elimination of illegal evidence’s use, included video recording of the whole system, the implementation of the principle of direct verbal, Lawyer presence right guarantee and the corresponding procedural sanction operation mechanism.