On The Procedure Regulation Of Illegal Evidence Exclusion In Criminal Proceedings

In recent years, with the protection of human rights and procedural justice theory to flourish in China, the criminal proceedings against illegal acts in getting evidences, as the phenomenon repeated, academics launched an in-depth study of illegal evidence exclusion. But most scholars are generally concentrated on the basic theory and its value of illegal evidence exclusion in western countries, which is focused on the concept of illegal evidence from abroad and the scope of the exclusion provisions. And the illegal evidence exclusion triggered on China Construction, making the reflection rules and procedural mechanisms rarely conducted in specialized research.Two Evidence Rules marking the initial establishment of the exclusionary rule in China. This fully clears out that the public security and judicial organs strive to pursue justice’s attitude and determination, however, how to make this system to provide effective judicial into practice, there still need to set some specific, stable and efficient operating procedures.This paper is divided into four parts, starting with basic theory of illegal evidence exclusion in criminal proceedings, which introduced its concept and value, together with what basic principles should it follow. Then regulations on illegal evidence exclusion have been investigated and analyzed in some typical foreign countries. The third part focuses on the present situation and problems of illegal evidence exclusion process in our country and has been specially analyzed. Lastly, some corresponding improvement measures and relief ways have been put forward to provide feasible suggestions for the development of the theory and judicial practices of the illegal evidence exclusion in criminal proceedings.