Study On Several Problems Of Exclusion Rules

The Criminal Procedure Law of China first added Exclusion Rules of IllegalEvidence in march14,2012. It symbolizes that our country has established the ruleof criminal evidence in the legislative level which guarantees the judicial justice andrespects for human rights. The Supreme People’s court and the Supreme People’sProcuratorate has been Promulgated judicial interpretations, which furtherinterpretation and rule the application of Exclusion Rules of IllegalEvidence.However," The life of law is not logic, but rather experience." Whetherthe Exclusion Rules of Illegal Evidence can play the legal effect of legistrationintended to exclude illegal evidence, and to promote China’s judicial civilization, itall depends on whether it meets the proper standards of illegal evidence exclusionprocedure, and to construct a series of scientific, systemic, perfect system andsupporting measures in the guidelines of the standards.This paper first reviews therelated law of our country about the exclusion procedure of illegal evidence, andsummarizing several problems, on the definition of illegal evidence, the startupmode of exclusionary procedure,the term of exclusionary procedure, the distributionof burden of proof, standard of proof, the relie of the rule in accordance with theinternal logic of the exclusionary rule of illegal evidence.Based on the existingprovisions combs and summarizes some problems, the author inductive, refinesseveral proper standards of illegal evidence exclusionary procedure in our country, namely the independence of procedure, the priority of procedure, proceduralparticipation, procedure relief, which should be followed by the illegal evidenceexclusionary procedure,and specific the contents and requirements of abovestandards, through comprehensive use of comparative studies, empirical, historicaland value analysis method. Under the guidance of due process standards mentionedabove, the author puts forward some countermeasures for perfecting the procedure ofexclusion of illegal evidence in our country from the two dimensions of idea andsystem. At the conceptual level, the author believes that we shall eatablish the ideasof justice procedure, follow the idea of legal procedures, strengthening the conceptof the relief of rights and the localization of program design. The above specificideas are derived from the proper standards of procedure of excluding illegalevidence,so the legislative and judicial practice should also carry out and implementthe above ideas.At the system level, the author defines the scope of illegalevidence,perfect the function of pre-trial meeting, safeguard the defense rights,construction of relief system for illegal evidence exclusionary procedure to makeresponse to problems wich are put forward in the first part of this paper.Based on ourcountry’s existing laws and regulations and the existing problems of the legitimatestandards, combined with the due standards of excluding illegal evidence procedure,the author studies and analysis of specific problems mentioned above in-depth, andputs forward some concrete measures for constructing and perfecting the ExclusionRules.