Study Of The Exclusionary Rule Of Illegally Obtained Material Evidences

Abstract:Whether the evidence of physical evidences can be submitted to the court to be judged its probative force directly related to the two value targets of fighting against crime and the protection of human rights, this has a very significant meaning for our country, and thus has become the focus of the procedural theory study. Due to the level of social development, the different legal and cultural traditions and national understanding of the purpose of the criminal proceedings, the exclusionary rule of illegal physical evidence in the world are not the same, in fact, the same country in different historical stages rule for this problem is not identical-With the introduction "the two rules of evidence" in2010, our country established the illegal evidence exclusion rules. March2012National People’s Congress passed the "Code of Criminal Procedure Amendment", which marks the legal form of the exclusionary rule would formalize down. However, our provisions in this regard is in the exploration stage, so there are so many imperfections in it. Based on this, I hope to find its deficiencies and make relevant recommendations by studying the rule system.At present, the exclusion of illegal evidences in our country focus on the area of oral evidences, for the exclusion of physical evidence are fewer. By understanding the concept of illegal evidence exclusion, then by analysis of the United States, Britain, Germany, Japan and other countries in this regard required, sorting out the exclusion of illegal physical evidence to establish the value of the game. After studying by the exclusionary rule of illegal physical evidence at this stage, find out the problems and in the last chapter I presents the solution strategy.