Jurisprudence Analysis Of Chinese Illegal Evidence Exclusion

Originating in the United States, illegal evidence exclusion eventually establish a setof complete system for decades of years. The original purpose of the United States creatingillegal evidence exclusion is to against the police illegal search and seizure behavior, butthe original purpose of the illegal evidence exclusion is preventing the occurrence of torturein our country. The illegal evidence is defined in the "Criminal Procedure Law" of1979, forthirty years of development, finally in2012the illegal evidence exclusion is established inthe form of legislation.Compared with previous regulations, illegal evidence exclusionmake a great progress in China, but we should see the problems. This thesis is divided intofive chapters.The first chapter, the connotation of illegal evidence exclusion. This part introducesthe origin of illegal evidence exclusion and the connotation of illegal evidence exclusion ofchina. The establishment of illegal evidence exclusion in different countries have differentpurposes, so different countries can learn but never copy for each other.The second chapter, the classification of illegal evidence exclusion. Illegal evidenceexclusion can be divided into the exclusion of illegal verbal evidence,exclusion of illegalphysical evidence and the exclusion of "fruit of the poisonous tree". In this part, the illegalevidence exclusion of the United States of America, Britain, Germany and Japan areintroduced and analyzed. It is found that reference and development combining with thenational conditions among countries. China also emerged from the other countries’ theillegal evidence exclusion, the finally premise is adapt to the situation of our country.The third chapter, the illegal evidence exclusion in our country’s legislation. InChina,the law conduct the judicial practice, so the legislation is the fundamental. This partcomb the illegal evidence exclusion of the legislation process of our country step by step."Regulations" as the dividing line, the illegal evidence exclusion has an obviousdevelopment, especially in the illegal physical evidence, but we should also see the place ofshortage.The fourth chapter, implementation and analysis of Chinese illegal evidence exclusion.In this part,implementation and analysis of Chinese illegal evidence exclusion are analyzedand described from three aspects of the investigation organs, judicial organs andprocuratorial organs.The fifth chapter, consummate suggestions of our country illegal evidence exclusion.In this part, consummate suggestions of our country illegal evidence exclusion including:connotation of explicitly prohibit torture, persist the principle of judicial independence, consummate system of sound recording and video recording, and law enforcementpersonnel should strictly enforce the law.