How To Realize The Value Of Exclusionary Rule In The Perspective Of Constitution

In criminal proceedings, The exclusionary rule of illegal evidencederived from the U.S. Constitution, is important guarantee to make theconstitutional rights of citizens inviolable. In2012, China’s new"Criminal Procedure Law" enacted and established the legal form of illegalevidence exclusion system. This is not only the specific and legalizationof the Constitutional value to respect and protect human rights, butalso the extension of the Constitutional functions on CriminalProcedure. In this article, the exclusionary rule is intended to be placedunder the Constitution academic fields of "protection of human rights,"explore and analyze the constitutional history and the constitutionaltheory foundation of the exclusionary rule. Furthermore, according to thecurrent situation of China’s legislation and judicature, based onjudicial practice, Make recommendations which are suitable to fullyrealize the constitutional value, improving our illegal evidenceexclusion system.This article is divided into six chapters:Chapter Ⅰ is the introduction, beginning with the background fromwhich the issues raised, point out the importance of to discussexclusionary rule’s value on the perspective of Constitution and humanrights, and give an overview of the significance of this research,research methods, problem-solving ideas, laying a feasible groundworkfor the text.In Chapter Ⅱ, we will focus on the close ties between exclusionaryrule and the Constitution, as an entry point for discussing the article’smain later. It begins with the concept of the exclusionary rules,elaborates the constitutional context in which the exclusionary rule bone.By a brief introduction for the tortuous history of the exclusionaryrule’s birth and development in the United States, we can see that thecourse is actually to pursuit and practice the Constitution spirit andvalue. Then we studied the exclusionary rule’s theoretical basis onConstitution, including the amendments to the U.S. Constitution which provides the rights basis for the exclusionary rule and the "shock and awe theory" as the representative theoretical basis of the Constitution, thereby summed the purpose for applying the exclusionary rule is to fully implement the content of the Constitution. Therefore, the exclusionary rule can gives an important expression for the value of Constitution; Secondly, analyzed the exclusionary rule’s value on Constitution, from an overview of the value of criminal justice on Constitution to the standard rules for the value orientation of the exclusionary rule, specifically to show the value of the exclusionary rule in both constitutional values and human rights protection.In Chapter III,we will discuss the exclusionary rule under domestic legal system, respectively summarize the basic civil rights in our Constitution and the breakthrough and progress for exclusionary rule we’ve made on our legislation in the criminal procedure. Then we will focus on the "human rights into law", in the new "Code of Criminal Procedure", illegal evidence exclusion system as typically legislative breakthrough in the meaning of Constitution. So we can pave the way for proposing exclusionary rule’s legislative and judicial suggestions which can achieve value of Constitution and which are suitable for China’s national conditions.Chapter IV is the practical effect on domestic illegal evidence exclusion system in the aspects of Constitution, the author collected real case to analyze the problems in the practice of illegal evidence exclusion system and the loophole in the protection of human rights, to find out the reason why we can not implement human rights, there are two main reasons including the traditional criminal justice philosophy influence and legislative inadequate for human rightsChapter V is the sublimation on the front contents, we’11explore how to implement the Constitution value of illegal evidence exclusion system and put forward direction to improve our evidence exclusion system under the Constitution perspective. First, we should reshape our idea of criminal justice to make it consistent with the Constitution, and give up the traditional judicial philosophy with long-standing neglect of human rights protection, conversing the thinking that value entity but not procedure; Secondly, we’ll propose the legislative program to realize Constitution value; Finally, made judicial recommendations actuality with the world.