The Research Of Excluding Rule For Crimina Illegal Testimonial Evidence

Illegal evidence exclusion rules illegal words unlawfully obtained evidence and physical evidence unlawfully obtained evidence. Exclude evidence of illegal words Verbal Evidence obtained by illegal means, the investigative organs can not be used as the main means to determine the facts of the case, according to the rules in the countries in the world has been generally established, as a product of the country under the rule of law by the Chinese judicial absorbed. Newly adopted amendments to the Criminal Procedure Law in2012and three in2010jointly issued by the two high "exclude illegal evidence a number of issues in handling criminal cases, and about a number of issues to handle death penalty cases review to determine evidence"the legislative practice illegal Oral Evidence Exclusionary Rule breakthrough. By the Supreme People’s Court on the interpretation of the application of the Criminal Procedure Law of the People’s Republic of China> took place on November5,2012, and effective as of January1,2013. However, in judicial practice, evidence of illegal words exclusionary rule applies to any contingent, there are some problems, such as evidence of illegal words scoping unknown, the procuratorial organs procedural provisions to exclude evidence of illegal words lack of maneuverability, Court constraint judges discretion, There is no operation standards.Therefore, we should be clear and to expand the scope of evidence of illegal words to establish the procedures the full prosecutorial authority to exclude illegal evidence exclusion rules, perfect evidence of illegal words related supporting systems, making illegal evidence exclusion rules to get the real use of, so as to curb torture, protection of human rights. Applicable conditions and operating procedures of the exclusionary rule to evidence of illegal words for emphasis, combing evidence of illegal words in the activities of China’s Criminal exclusionary rule. Legislative status through the exclusionary rules of evidence of illegal words, the existence of the problem of profiling, clear evidence of illegal words applicable conditions, increasing evidence of illegal words exclude rules operability countermeasures.Based on the above understanding, we want to pass through the exclusionary rule for evidence of illegal words This theoretical and exclude rules apply to a relatively clear ideas to find the best way to solve the problem, for the discovery of evidence of illegal words.