The Evidence Prohibition Rules In Germany And Its Reference To China

The evidence exclusion rules, is a very important system in the criminalproceedings, has a very important significance for the protection of the fundamentalrights of the defendant and maintenance procedural justice.The evidence prohibition rules in Germany are divided into two types, the obtainprohibition and the employ prohibition. The employ prohibition is the one of thecontroversial part, it also contains two parts, and one of them are based of thefundamental rights enshrined in the constitution. Because of this, the Germanyevidence prohibition rule beyond the illegal evidence exclusion rules of the commonlaw system.China’s evidence exclusionary rules along with some law documents have beenestablished. At this moment, including the definition of illegal evidence, the stage ofthe proceedings and to exclude illegal evidence exclusion authorities, exclusionprocedure, the burden of proof and standard of proof, and relief program have madeprovisions. Compared to the previous rules of evidence, it has been great progress.However, limited to the current level of investigative techniques lag, or our wholelegal system is still not perfect, the current illegal evidence exclusion rules, there arestill some lack of urgent correction. Compare the rules of Germany and China, we cansee some common ground between the two countries distinguish illegal verbalevidence, physical evidence, certainly the defective evidence as well as excludeillegal evidence procedures, while different about the rules established to protect therights of the accused, the degree of evidence to rule out the main stage of theproceedings, the judge discretion size as well as the "fruit of the poisonous tree"attitude.Conclusion through the comparative analysis, combined with the currentconditions and evidence of the system’s long-term development goals, we canimprove the exclusionary rules in China by selectively draw on the evidenceprohibition rules in Germany, including increasing citizens’ constitutionalfundamental rights, expanding the scope of the illegal evidence exclusion, clearingevidence to rule out the pre-trail procedures, clearing for illegal investigative agenciesand their officers sanctions and building other supporting systems.