Standard Of Proof Of The Legitimacy Of Obtaining Evidence

Standard of proof of the legitimacy of obtaining evidence means the standard which prosecutors attain for testifying the legitimacy of obtaining evidence. Because the current standard of proof of the legitimacy of obtaining evidence has obvious defects in the legislation and judicature, we need to learn from the advanced experience of foreign countries which is beneficial to perfect the standard of proof of the legitimacy of obtaining evidence and the procedure of the illegal evidence exclusion.However, as that the legal traditional culture and institution are different, we need to think over the differences between our country and others cautiously, choose the law which is propitious to the national condition to transfer. In consideration that the material evidence has the higher value, we need lead into the preponderance of the evidence; as that the junior has the major power of the discretion, we need to establish the standard of carrying out the procedure of the illegal evidence exclusion, and demand the junior arrival at a conclusion after showing the proof, issuing the objection and the court debates. Only in this way, correct obtaining evidence illegally and realize the procedural justice and protection of human rights.