The Illegal Evidence Exclusive Rule And Human Rights Protection

With the progress of the society and the all-round development of economy, politics and culture, human rights problem has been drawn great attention by the countries all over the world. In criminal proceedings existed the illegal evidence, it seriously violated the criminal suspect of the human rights of the accused.This paper introduces the globalization background of illegal evidence exclusion rules application nowadays, and then states the contents of the illegal evidence exclusion rules, especially for the modification of the illegal evidence exclusion rules in new criminal procedure law. This paper also introduces the concept of human rights and how the illegal evidence exclusion rules can enforce the human rights protection. On this basis, based on the judicial practice in our country and drew lessons from the relevant system in American, this paper analyzes the feasibility and the positive significance of the illegal evidence exclusion rules in the new criminal procedure law.This article adopts the method of empirical analysis to research the illegal evidence exclusion rules in our country in order to determine the existing problems for the protection of human rights of the criminal suspect or defendant in the judicial practice in our country, thereby, to offer help for perfecting the illegal evidence exclusion rules in our country. This paper compares the developed countries’ the relevant provisions of the illegal evidence exclusion rules. By the methods of comparative analysis, this paper tries to perfect the illegal evidence exclusion rules in our country.Through the above analysis, this paper finally summarizes that the new criminal procedure law has the significance on the level of legislative, judicial and values for the revision of the illegal evidence exclusion rules, to better achieve the combination for punishing crime and safeguarding human rights.