Research On The Application Of Exclusionary Rule Of Illegally Obtained Evidence In China

The new version of the Criminal Procedure Law, adopted through the NationalPeople’s Congress in March2012, formally established the exclusionary rule of illegallyobtained evidence in the form of law for the first time. The formal establishment of thisrule has reflected our country’s integration with the international mainstream evidencerule and is bound to greatly promote the democratization and scientific process ofcriminal proceedings in our country. As a new thing, the rule needs practice to verify itsvarious issues, such as whether the new regulation is perfect and practical, and whetherthe desired effect can be achieved. New Criminal Procedure Law has been adopted formore than one year, it is necessary to investigate the implementation and analyze theexclusionary rule of illegally obtained evidence to locate and make up the deficienciesto ensure that the law has been implemented correctly and uniformly. Based on thepractical cases of exclusionary rule of illegal evidence in the C city’s attorney, the thesisanalyzed and summarized the specific problems of the rule in our country, trying toclarify its realistic and theoretical basis and provide the perfect path for this rule in ourcountry.The thesis can be divided into six parts. Part one is "Introduction", giving a briefintroduction to the research background, the significance of the study, literature reviewboth at home and abroad and the research methods. Part two is “General analysis of theexclusionary rule of illegally obtained evidence”, briefly introduced the related termsand theoretic basis. Part three” The exclusionary rule of illegally obtained evidence inour country”, summarized the legislative evolution and the current system framework ofthe exclusionary rule of illegal evidence”. Part four “The implementation and problemanalysis of the exclusionary rule of illegal evidence” in our country”, gave a briefaccount of the application status of the rule after the implementation of the new criminalprocedure law on the basis of the judicial practice of C city’s attorney. Based on theanalysis, two major problems, regulations being too general and supporting systembeing imperfect, and six specific issues were put forward and analyzed in detail: thedifficulty of defining torturing and other illegal methods, the loss of repeat confessionsregulations, the unclear effectiveness of sound recording or video recording evidence,so on and so forth. Part five “Suggestions on perfecting the exclusionary rule of illegally obtained evidence in our country”, brought forward countermeasures and suggestionson the problems and issues mentioned In the fourth part, combining with the views ofscholars and practical needs and learning from the experience of the foreign illegalevidence exclusion. Part six is the conclusion.