Research On The Exclusionary Rule Of Illegally Obtained Evidence In Chinese Criminal Procedure

On July1,2010," Provisions of how to review evidence on the handling cases of death penalty and " Provisions of eliminating illegally obtained evidence on the handling of in criminal cases "(both regulations hereinafter called two " Evidence Regulations "), issued by the Supreme People’s court, the Supreme People’s Procuratorate, the Ministry of justice, the Ministry of public security, and state security department, was into effect. This indicated a complete sense of the exclusionary rule of illegally obtained evidence was formally established in China. Two "Evidence Regulations" have a lot of innovation, reflecting the Chinese characteristics. But also exists a few inadequacy, needing further improvement. The implementation of the exclusionary rule may encounter many difficulties,needing to take a series of measures to overcome the obstacles.This paper focuses on the relative problems of implementation and development of the exclusionary rule, which is divided into three parts:The first chapter researches on the basic theory of exclusionary rule, including its conception and theoretical foundation. The main point is about the development of the theoretical foundation of exclusionary rule, as well as its present situation in China. Finally, we suggest China deeply establish the theoretical basis of human rights protection and illegal behavior control. We also analyze reasons about it.The second chapter comparatively researches on the exclusionary rule in other countries. These countries’law system is more advanced. The exclusionary rule is also more developed. Our country could use them for reference. The main point is about the useful experience about establishing and developing exclusionary rule from other countries to China.The third chapter researches on the develop process,current situation and implementation of exclusionary rule in China. It makes comment on the characteristics and inadequacy of the two " Regulations ", and put forward proposals to improve the shortcomings. In view of the actual situation in our county,the implementation of exclusionary rule will face some difficulties.For protecting the exclusionary rule to carry out smoothly in China,the author puts forward some suggestions to overcome these difficulties when in the analysis of the obstacles.