The Research On Exclusionary Rules Of Illegally Obtained Evidence

Exclusionary rules of illegally obtained evidence as an independent rules have had a longer period in the process of the development of the West, and has formed a relatively mature experience, has played a unique role in the criminal proceedings. Exclusionary rules of illegally obtained evidence regulate effectively the law enforcement activities of the investigators, but also to protect the fundamental rights of citizens from infringement, especially protect the basic rights of criminal suspects. Analysis of the development of the rules, especially the investigative and prosecutorial authorities playing an important role on exclusionary rules of illegally obtained evidence. This study as the main line is divided into four chapters.In Chapter Ⅰ,"the history of the exclusionary rule of illegally obtained evidence", after introducing the background before the establishment of the rule, Exclusionary Rule trends based on the current U.S. Supreme Court jurisprudence on illegal evidence prospect of illegal evidence exclusion rules expand and limitations at different times, in fact, is the choice between in the criminal punishment of crime and the protection of human rights.In Chapter Ⅱ,"the comparative research on the exclusionary rule of illegally obtained evidence ", introduced the exclusionary rule of illegally obtained evidence in criminal proceedings in the United States, the United Kingdom, France, Germany and Japan, emphasized that the status change of punishing crime and protecting human rights lead to the concept of and other litigation in different period of various countries.In Chapter Ⅲ,"the development and obstacles of the exclusionary rule of illegally obtained evidence", introduced the legislative history of the exclusionary rule of illegally obtained evidence and applicable obstacles. Emphasizing that China’s ideology of the criminal justice protection and the lack of operability procedures to exclude illegal evidence, led to the illegal evidence exclusion rule in our judicial practice has not yet been truly implemented. In Chapter Ⅳ,"the exclusionary rule of illegally obtained evidence focused on investigation and prosecute", introduced that the obstacles and difficulties facing the exclusion of illegal evidence because of special litigation mode,put forward the measures to exclude illegal evidence and build a strong operability program on the exclusion of illegally obtained evidence.