New Development Of Illegal Evidence Exclusion Rules

In2012, China passed the second revision of the Code of Criminal Procedure.This revision is significant. It is not only the Criminal Procedure institutionalleap but also is a new life to the exclusionary rule. This studies the Exclusion ofIllegal Evidence state of development of the rules, to see the long history of thedevelopment of China’s criminal procedure system, illegal evidence exclusionrule development path. At the same time, we can learn lessons based onobjective summary, in order to find good way to solve practical problems inChina.From the point of view of the legislative development to study the exclusionaryrule to let us clearly see the Exclusion of Illegal Evidence the rules graduallydeveloped context. Of illegal evidence exclusion rule has gone through thosestages: first promulgated the Code of Criminal Procedure in1979until the1996Code of Criminal Procedure, the first modification;1996through the firstCode of Criminal Procedure is modified until the2013second criminalProcedural Law Review; the two rules and the exclusionary rule of illegalevidence; through the legislative building after the Second Amending theCriminal Law in2012. Not only significant Amending the Criminal Law for theexclusionary rule, the five ministries two provisions of the introduction of twohigh judicial interpretation issued by the perfection and development of the ruleexcluding illegally obtained evidence an indelible role. These laws andregulations promulgated and implemented a milestone in the protection ofhuman rights, institution building and other aspects. Turning finally to theExclusion of Illegal Evidence problems and their improvement is based onresearch and analysis of the building development of China’s legislativeinspiration written rules exist.