Perfection Of Illegal Evidence Exclusion Rules

Illegal evidence exclusion rule is an important rule in criminal proceedings, it is the Supreme Court of the United States is based on a constitutional amendment, and established jurisprudence, initially limited to exclude the evidence obtained in violation of procedural law in the criminal proceedings,then expanded to exclude evidence of illegal words and the fruit of the poisonous tree, its purpose is to limit state power to prevent illegal forensics behavior of the police and other criminal justice staff. The world of illegal evidence exclusion rules about three stages:to exclude evidence of illegal words stage, the exclude the illegal physical evidence stage, and to exclude the stage of the fruit of the poisonous tree. Countries illegal evidence exclusion rules which stage of development with its economic development level and the rule of law, the degree of civilization adapt, vary. Of illegal evidence exclusion rules started late, the legislation provides for a more rough.2010exclude illegal evidence a number of issues in handling criminal cases "(hereinafter referred to as" illegal evidence exclusion rule ")," the provisions of a number of issues on handling death penalty cases, the review judge evidence "(hereinafter referred to as" handle death penalty cases, evidence requirements) introduced, the implementation of the new Code of Criminal Procedure of2013, making China’s illegal evidence exclusion rule has been huge progress has been a qualitative leap to exclude evidence of illegal words. I will combine these two evidence requirements and the new Code of Criminal Procedure Law of illegal evidence exclusion rules analysis, analysis of current illegal evidence exclusion rules exist inadequacies analyze the reasons suggestion to improve our illegal evidence exclusion rules. This paper is divided into five parts, and is structured as follows:The first part is about the illegal evidence exclusion rules overview, given the meaning of illegally obtained evidence and excluded, and exclude illegally obtained evidence relevant provisions of the rules of origin and development, as well as several major countries.The second part is the illegal evidence exclusion rules of building meaningful exposition, mainly for the benefit of the protection of human rights, safeguard judicial dignity, promote case real discovery, to limit the abuse of public power.The third part of the provisions on illegal evidence exclusion rules, analysis and evaluation of two evidentiary provisions and the new Code of Criminal Procedure. The fourth part is about the analysis of the current legislation provides insufficient reason, there are four main reasons:tion thinking, heavy physical light program deeply entrenched, the court did not truly independent trial, the reasons supporting systems, substitute of illegal evidence exclusion inadequate measures.The fifth part is about perfect measures of illegal evidence exclusion rules:improve the illegal evidence exclusion rules of the legal system, improve the reform of the criminal justice system, improve the supporting systems of the illegal evidence exclusion rules, including the interrogation system, the right to silence system, the establishment of an independent evidence system of review procedures, to establish disciplinary system and the right to damage the security system.