The Solution To The Judicial System Obstacle To The Application Of The Exclusionary Rule Of Illegally Obtained Evidence In China

The exclusionary rule of illegally obtained evidence, dates back to America, has been a significant subject of evidence legislation all the way in China on the topic of transplantation and applicable. And as early as in2010, criminal illegal evidence elimination rule had been put into practice with the guidance of below regulations,’the provisions on examining and judging the evidence of death penalty cases’ as well as ’the provisions of excluding illegal evidence’. On March14,2012the latest amendment (The Second Amendment to the Criminal Procedure Law) established the exclusionary rule of illegally obtained evidence with hard rules. This dissertation, designed in empirical perspective, tracking the implementation of the criminal the illegal evidence elimination rule, aimed to explore the obstacles and solutions that advance its practical theory.This paper mainly contain following four parts:Part Ⅰ, introduction. This part afford a brief view of the background and significance on this topic, such as the theory of the illegal evidence elimination rule at home and abroad, research significance and the goal, writing idea as well as innovation and shortage of this paper, etc.Part Ⅱ, The legislation status of the illegal evidence elimination rule in China is followed by two typical cases, and then we step into theme of this paper:the difficulty of implementation illegal evidence elimination rule is attribute to Chinese current judicial system.Part Ⅳ, by introduction of illegal evidence elimination rules in Anglo-American Law and the Continental Law, we laid the foundation for further expansion. Part IV, as the most vital content, this part offers proposals on perfection of criminal procedure by detailing the investigation organ and collect evidence law and system, public prosecution organ of the supervision of the illegal evidence and traffic system, the judicial organs of illegal evidence censors-hip, and lawyers and the criminal suspect, the defendant of illegal evidence defense system.