Study On The Exclusive Rules Of Illegal Physical Evidence Of Criminal Rrocedure

With the developing of society law and the increasing calls for human rights,people have made futher researchs and analysis on the exclusive rules of illegal physicalevidence in the world. The exclusive rules of illegal evidence in American and Britishwhich have been widely used are very flourishing. China has experiencedapproximately from nonexistence into existence and from deficiency to perfection onthe aspect of the exclusive rules. In2010, the judicial authority promulgated the TwoEvidences Rules which established the exclusive rules of illegal physical evidenceformally in China. In2012, China wrote the word entry respect and guarantee humanrights in the revised Law of Criminal Procudure for the first time, which established theidea of human rights protection formally in the area of criminal procedure and futhermodified and perfect the exclusive rules of illegal physical evidence.Most of the countries including China have formed the basic attitude that theillegal linguistic evidence must be removed compulsively. However, many countrieshold different opinions on the rules of illegal physical evidence. Especially in Chinathere are a large number of existence of the phenomenon that investigativeorganizations collect evidence illegally in practice. The existing provisions on the law ofthe exclusive rules of illegal physical are too rigid and shallow. What’s more, Chinesescholars have made few researches on the exclusive rules of illegal physical evidence.Taking this set as a starting point, this paper would research and analyze the exclusiverules of illegal physical evidence of criminal in China deeply to discuss the necessary,refining and specific measures of constructing the exclusive rules of illegal physicalevidence.Besides the introduction and the conclusion, this paper is divided into six parts:The first part presented a overview of exclusive rules of illegal physical evidenceabout criminal. And it clear up and discuss the actual meaning of evidence, theproduction and classification of exclusive rules of illegal physical evidence, and thedefinition of exclusive rules of illegal physical evidence; the second part analyze on thenecessity of constructing the exclusive rules of illegal physical evidence in China. Andit discusses wether China has the necessity to contruct the exclusive rules of illegalphysical evidenc or not. the third part mainly discusses the developing process of thelaw of exclusive rules of illegal physical evidence. Or it is the current legal situation of exclusive rules of illegal physical evidence. This part would focuse its discussion onthe new situation created by the Two Evidences Rules and the new breakthroughrealized by the Law of Criminal Procedure. The fourth part analyze and excavate thedefects and reasons in the existing exclusive rules of illegal physical evidence in Chinaon the base of the research of the current law situation. This is also the main problemfacing by exclusive rules of illegal physical evidence in China and the basis to putforward improving rules. The fifth part distracts its researching attention on foreigncountries. It introduces the system designs of exclusive rules of illegal physicalevidence in the developed countries such as the American, British, Germany and Japan.And it also absorbs the quintessence from the four countries’experiences. The sixth partputs forward perfect visions of improving the exclusive rules of illegal physicalevidence on the base of considering our country’s actual current situation and learningforeign countries’experiences. it classifies the exclusive rules of illegal physicalevidence as mode of substantial illegal physical evidence and mode of proceduraldefect’s illegal physical evidence. And it offers specific suggesstions of increasingexclusive rule-toxic tree’s fruits, improving eliminating procedure and constructingcorresponding measures.