Research On The Procedure Of Exclusion Of Illegal Obtained Evidence

The exclusionary rule has been written in the low of our country. It’s a big stepthat no matter in the procedure of perfecting criminal prosecution or protection ofdefendant. But without the procedure of exclusion of illegal obtained evidence, it willbe nothing in the fact. A complete exclusionary rule should include the procedure ofexclusion of illegal obtained evidence.The exclusion procedure will complete the rule, meet the need in the practice andaccomplish the objective of build the exclusion of illegal obtained evidence. Thecontent in the new criminal law make it possible to build the procedure. Because ofthe new content making it possible to exclusive illegal obtained evidence. In thepremise that we have no experience, learning other countries’ experience will help tobuild the procedure for our country. By learning, we can know that independent is agenerality. When we build our procedure, we must focus on independence andconsider about the special situation in our country. Formulate some questions inbuilding the procedure and some ideas. The problems in the practice such as lodgingan appeal, the affect of procurator organ can’t be ignored. All of them are veryimportant in the respect of exclude illegal obtained evidence.We need make unceasing efforts and research on how to build the procedure ofexclusion of illegal obtained evidence and what kind of procedure. Building theprocedure is not only for completing criminal law but also for protecting the rights ofsuspect.