Study On The System Of Exclusion Of Illegal Evidence

System of eliminating illegal evidence produced in the United States, The development of American human rights concept has influence to the world for more than one hundred years. Compared to the American jury trial mode, the mainland legal system countries such as Germany has recreated the system of eliminating illegal evidence on the basis of its legal proceedings and have formed the different characteristics such as decision criteria of freedom and discretion set of physical evidence. While in our country academic circles have been discussed for illegal evidence elimination constantly, the system has begun to be paid more attention by legislation until2010. So to speak, in Chinese legal document especially the highest method two judicial interpretation, we have laid a solid foundation for determination of the system of eliminating illegal evidence.To achieve the purpose of safeguard human rights and punish the crime in the "Constitution" and "Criminal procedural law ", this article began to discuss the system of eliminating illegal evidence in the new constitution on the basic of full discussion of the illegal evidence concepts from the program selfish departmentalism perspective. The main text is divided into four parts:The first part discusses the system of eliminating illegal evidence basically. The fuzzy concept of the system of eliminating illegal evidence leads to different statements of the research of the system. We must understand the value and goal of illegal evidence sufficiently so we will understand the deep meaning of illegal evidence elimination in our criminal litigation law.The second part compares illegal evidence to the historical development of longitudinal and transverse analysis of the contrast between the different law countries and discusses the difference between illegal words evidence and illegal physical evidence. Then it uncovers the evolutionary progress of illegal evidence elimination in abroad.The third part discusses the status of our illegal evidence elimination.The new modification of form procedure injected new blood and vitality in2012. But we can’t copy the western system and a series of problems have appeared in our country.The fourth part puts forward thorough suggestions about our illegal evidence elimination. As the words said Rome wasn’t built in a day, the system is so. The illegal evidence elimination rule itself needs further argument and the relevant system need to be perfect immediately. Especially the most important is in the maneuverability of the system, how to determine reasonable doubt, how to distribute the burden of proof and how to set up the court investigation procedure.