An Empirical Study On The Exclusionary Rule Of Illegal Evidence In Our Country

Refers to the use of illegal evidence exclusion of evidence obtained by unlawful acts shall not be convicted on the basis of the trial, the rule was originally produced in the United States. In modern society, the protection of human rights has become the consensus of the world and regional constitution and criminal procedure legislation. It is based on consensus, countries most recognized and established the exclusionary rule.Our amended in 2012 by the "Code of Criminal Procedure," clearly defines the exclusionary rule, the Supreme Court at the end of the introduction of the new Code of Criminal Procedure on judicial interpretation also exclusionary implementation to do a more specific provisions. Establish and implement exclusionary rule to help protect the constitutional rights of our citizens, to stop the illegal evidence, prevent, reduce injustice,wrong case, for China has a very important practical significance.confirmed the exclusionary rule, the Supreme Court at the end of the introduction of the new Code of Criminal Procedure on judicial interpretation also exclusionary implementation to do a more specific provisions. Implementation of the exclusionary rule, for the protection of citizens’ basic constitutional rights, prevent illegal evidence, to reduce injustice, wrong cases occurred has important practical significance.Based on the research and organize some of the information on the basis of the exclusionary rule to the status of implementation studies, scoping rules to exclude illegal evidence of illegal evidence for the presence of specific aspects of the procedure, the burden of proof and other issues are analyzed, and combined with some evidence of typical cases involving illegal conduct in-depth exploration, mainly based on the analysis of the exclusionary rule in practice, there are problems, identify illegal evidence exclusion system in our country. "Deadline for Homicide" mechanism and the traditional concept of the system design and supporting their own recordings video system problems and propose feasible suggestions, making the exclusionary rule to achieve the desired results.