Research On The Exclusion Of Illegal Evidence In Criminal Proceedings Of China

The exclusion of illegal evidence manifests the procedural justice and respect and protection of human rights, which has been recognized by more and more countries. In recent years, with such striking phenomenon in our judicial justice as wrongly-charged cases and inquisition by torture, the exclusion of illegal evidence finally has been established in the Amendment of Criminal Procedural Law in 2012. As everyone knows, enforcement is difficult although law-making is easy. There is no doubt that the exclusion of illegal evidence as a new force will be met with much resistance. The thesis hence does in-depth analysis on value conflicts, relevant legislative problems and the reason of being hard to put it into practice. In addition to the introduction and conclusion, the thesis is divided into five chapters:The first chapter combs through prior positive research and practical observation.It points out that the application of exclusionary rules in real world is not problem-free whose sticking points lie in value conflicts, legislative technique and obstacles of legal culture and its supporting system.The second chapter comparatively investigates the application of the exclusion of illegal evidence in different countries. The author selects four typical countries as research subjects: Germany and Japan from the continental law system and the United States and British from Anglo-American law system. Through analyzing their different judicial systems and legal culture, the thesis compares their differences in the scope of application so as to provide some reference for our legal practice.The third chapter is to evaluate and analyze value conflicts. It is all known that value judgment is a huge problem. The author holds that value conflicts are mainly reflected in three aspects:striking crimes and protecting human rights, procedural justice and substantive justice, justice and efficiency. Thus, how to balance these conflicts needs us to think over.The fourth chapter comments on existing technical problems of legislation of the exclusion of illegal evidence. The new Criminal Procedure Law has absorbed beneficial practice of two regulations and research products of experts and scholars, so the exclusion rule is much delightful. However, some terms in legislation are too vague to be put into practice which still need to be cleared up.The fifth chapter reviews practical problems of the exclusion of illegal evidence. As a saying goes, the law alone is not enough. More developed as law in paper becomes, it cannot make sure that every order is executed without fail. The author analyzes problems in practice and concludes that problems mainly lie in obstacles of legal culture and absence of relevant supporting systems. Hence, it is suggested to renew thoughts, improve measures of synchronous audio and video recording, set up the authority of the court in order to solve problems.