On The Judicial Application Issues Of The Exclusionary Rule Of Illegally Obtained Criminal Evidence In Our Country

The exclusionary rule of illegally obtained evidence originates from the criminalprocedure rule of the U.S.A. It has been widely accepted as its lawsuit value and itsparticular status in the criminal procedure and plays an important role as a standardfor Criminal Justice in both at home and aboard.“Two Evident Rules” and theamended Criminal Procedure Law mark the establishment of the exclusionary rule ofillegally obtained evidence in our country. They have the milestone significance in thecriminal justice process. However, both “Two Evident Rules” and the amendedCriminal Procedure Law are flawed. Some legal provisions in them are still notreasonable and comprehensive enough, which make themselves can not be wellimplemented in practice, and can not completely reach the initial target of legislator.This article emphatically discusses and reflects on the exclusionary rule ofillegally obtained evidence in our country, and gives advice and suggestions on howto improve it. With the exception of the Introduction, the main body of the article isdivided into five chapters, which has about30000words in total.Chapter One: Firstly explains the related concept of the exclusionary rule ofillegally obtained evidence and corrects the inaccurate perceptions, and thencompares the similarities and differences between illegally obtained evidence andflawed evidence and expounds the origin, development and value orientation of theexclusionary rule of illegally obtained evidence.Chapter Two: Mainly introduces the exclusionary rule of illegally obtainedevidence in the America, England, Germany, Japan, and makes a comparison on thejustical operations to learn some rewarding experiences from them, which willprovide the beneficial reference for the accurate application of our exclusionary ruleof illegally obtained evidence. Chapter Three: Mainly analyses the current situation of the legislation and thejudicial application of the exclusionary rule of illegally obtained evidence in ourcountry, finding the deficiency of the exclusionary rule in the judicial application andits reasons.Chapter Four: Proceeds from the angles of the legislation, judicature and theory.Combining with the situation of our country, this chapter puts forward ideas abouthow to perfect our exclusionary rule of illegally obtained evidence from the aspectsof the contents, applicable procedure and supporting systems.