Under The Bckground Of Exclusionary Rule Of Illegal Evidence Of Duty Crime Investigation

Illegal evidence exclusion rules first appeared in the United States, since there has been a procedural law as of the date of the focus of academic debate. ZhangGuoXi bribery case opens the exclusion of illegal evidence in the field of duty crime investigation, will be more and more such cases in practice, and have a significant impact on the duty crime investigation. This article through the analysis of this case, the illegal evidence exclusion rules of duty crime investigation in China applicable situation synthetically, draw the general laws, perfecting the illegal evidence exclusion rules under the background of duty crime investigation system. The purpose of this paper is to discuss the illegal evidence elimination rule applies what impact will be on duty crime investigation, how to embody in duty crime detection value of protection of human rights of the illegal evidence elimination rule, how to deal with the illegal evidence exclusion rules of duty crime investigation. In this paper, the introduction includes the reason of selected topic significance, literature review, etc. The text is divided into three parts:The first part the author through to the media called the illegal evidence exclusion ZhangGuoXi bribery case in the first case analysis, caused the reader to perfect the rules of excluding illegal evidence in our country under the background of the thinking of the importance of duty crime investigation. In this part, the author briefly introduce the basic facts of ZhangGuoXi bribery case and litigation.The second part of the main content is the illegal evidence exclusion rules applicable in the case of duty crime in our country, the specific content includes three aspects:the first section, a brief introduction to some of the illegal evidence elimination rule theory. In the second quarter, the domestic related situation of the illegal evidence exclusion to review and summarize a form of illegal evidence in the judicial practice. In the third quarter, specific combining ZhangGuoXi bribery case, carefully analyze the exclusion rules applicable in the case. Fourth quarter, the duty crime in our country overall of the illegal evidence elimination rule applies to the case studied.The third part is the exclusion rules of illegal evidence in our country for the analysis of possible influences of duty crime investigation, the author seeing rules of excluding illegal evidence in our country under the background of duty crime investigation related aspects of the imperfect place, so how to deal with the illegal evidence exclusion rules to the challenges of duty crime investigation, from the practice, and to establish relevant system of form a complete set of specific put forward its own proposals.