Research On Exclusionary Rule Of Illegal Evidence

As the citizens’ rights consciousness gradually awakening. Citizens the increasinglystrong demand for human rights protection. Reveal the judicial civilization. To carry out thereality needs citizens’ constitutional right. Therefore, it is "small constitutional rights ofcitizens" title of the points to modify and improve should reveal the theme of human rights,And throughout the legislation purpose. In as a cornerstone of litigation evidence system tobuild eliminating rules of illegal evidence, for human rights protection is of great significance.This article from the four parts of illegal evidence exclusion rule is discussed. The firstpart of this article is about the definition and meaning of the illegal evidence, the differencebetween criminal lawsuit and civil lawsuit, and the role of the illegal evidence eliminationrule,to make us better understand the basic content of illegal evidence elimination rule. Thesecond part, I will be through to the Anglo-American law system and continental law systemcountries legislation present situation of illegal evidence elimination rule research,Comparative observation of rational analysis. The third part in this paper introduces thecurrent situation of the criminal judicial practice of our country and the changes of newcriminal procedure law in summary analysis. The last part of this article, from the perspectiveof due process, designs the function of the illegal evidence elimination rule. On the basis ofcombining with the actual situation of China’s current, further refining and the specificcontent of perfecting the rules, the article put its eyes on the rules of effective operation.