On The Application Of Exclusionary Rule Of Illegal Evidence In Bribery Cases

The exclusionary rule of illegal evidence is one of the most important evidence rules in criminal proceedings. More and more attention has been paid to it both in theory and in practice. Although the theoretical study of illegal evidence exclusionary rules has been quite rich now, but the empirical study about the exclusionary rule of illegal evidence is still very limited. As a result, strengthening the empirical research of illegal evidence exclusionary rules is very significant to the progress and development of theoretical research. Compared with the ordinary criminal cases investigated by police, bribery crimes investigated by procuratorate are more dependent on verbal evidence, and easier to torture to extract confessions and collect "evidence by other illegal methods as well. Therefore, the empirical research of illegal evidence exclusion rules on bribery duty crimes which detected by procuratorate is more representative than other crimes. At the same time, the empirical study on application of the exclusionary rule of illegal evidence in bribery cases can not only seek balance between punishing bribery crimes and protecting human rights, but also it is useful for improving the whole system of illegal evidence exclusion rules.By using methods of questionnaire survey, case study and comparative study, this article starts from the concept, the development and the value of illegal evidence exclusion rules, and chooses American and British of common law system, German and Japan of civil law system as research subjects to compare and analysis the different patterns over nations on illegal evidence exclusion rules. At the same time, this article investigates and summaries the bad judicial circumstances produced in the application of illegal evidence exclusion rules on bribery crimes in China, such as compulsive behavior changed from hard violence to soft violence, difficult to distinguish between the evidence collected by menace, luring, fraud with the strategy of investigation, the physical evidence collected by unlawful attachment and illegal seizure tend to be tolerant, not excluding the fruit of the poisonous tree, illegally limiting the rights of lawyers, the Discipline Inspection and the Procuratorate jointed working mode being abused, the synchronous recording rules being in an awkward position, regulations of the investigators testifying in court falling through and so on. At last, this article discusses how to improve the application of illegal evidence exclusion rules in bribery cases in china and gives some advice and imaginations for improvement, such as improving the illegal evidence exclusion rules, ensuring the rights of defense attorneys, improving the methods to investigate, collect, examine and judge evidences, improving supporting measures and improving the consequences of illegal evidence.