On The Exclusionary System In The New Criminal Procedure Law As The Angle Of View Of Illegal Evidence

Criminal illegal evidence exclusion rule is one of the important research contents in evidence law, along with the development of philosophy of law, such as human rights, and procedural justice, and criminal illegal evidence exclusion rule in the value of the integral to the process of rule of law in most countries endorsed. To the problem of the research in China is in the stage of exploring.To further curb torture from the system and other ACTS of illegal evidence collection, safeguard the lawful rights and interests of the participants in the proceedings, reveal procedural justice, illegal evidence exclusion rule in March14,2012for the first time in our country in the legislation to clear, the rules on the specific content, set the rules could be operated at the same time. The new "criminal procedural law" about the illegal evidence exclusion rules of improvement lies in it to the illegal evidence exclusion rule as the foundation, on the one hand, inherited the material evidence, documentary evidencediscretion, on the other hand the related rule out program design, application for exclusion of evidence provide clues and evidence. Its progressive significance lies in the legal status is higher than the "two rules of evidence", thus through higher legal affirmation of the value of the illegal evidence exclusion system platform, for the subsequent related supporting system provides the basis of the basic law. Because of the illegal evidence exclusion rule is in the control of investigation power, perfect the system of evidence under the big background, although gradually perfect but there are still many problems, compared with the leading countries under the rule of law system in our country is still a long way to go. Article starts with the basic theory of the illegal evidence elimination rule and reference the advanced experience of Anglo-American law system and continental law system countries legislation, further analysis of our country under the background of new XingSu illegal evidence of specific provisions, thus to perfect our country criminal illegal evidence elimination rule and the establishment of related system puts forward some Suggestions. Though in law in our country has established the illegal evidence exclusion rule, but the law itself inherent hysteresis and bad ductility, that we have to recognize that want to use one or two laws or explain to reduce the occurrence of illegal evidence, in order to prevent torture, it is far from enough. Therefore, on the one hand, we will sure the illegal evidence exclusion rule in criminal procedure law and the protection of the rights regulation authority positive contribution, on the other hand more emphasize strict implementation in practice. Our country criminal litigation law system and the progress of the criminal evidence law is not due to the improvement of the new penal litigation over, a new starting point when there is new.