The Inside And Outside Investigation Of The Illegal Evidence Elimination Rule And Its Revelation

Illegal evidence exclusion rule originally was born in the United States, with the development of human society civilization and the rule of law, after more and more countries begin to accept, due to the national conditions, of course, legal tradition, lawsuit pattern, the influence of such factors as countries to the established rules of illegal evidence exclusion are different, each has his strong point, to the United States, Britain, Germany and Japan the most advanced of the illegal evidence elimination rule. While countries of the illegal evidence exclusion rule forms are different, but essentially is to measure the intrinsic value of the illegal evidence of choice.Of illegal evidence exclusion rule system of our country, the time is shorter, the promulgation of the new "criminal procedural law" marks the illegal evidence exclusion rule in China formally established, illegal evidence exclusion rule in our country the western developed countries have different characteristics, but overall the illegal evidence exclusion rule in China still has a lot of shortage of place, compared with western developed countries is still relatively backward, of course there are a variety of reasons.This article through to the four developed countries and the study of the rules of excluding illegal evidence in our country, and points out that the rules of excluding illegal evidence in our country on the problems existing in the legislation and judicial practice, and from these two aspects of legislation and judicial practice recommendations, to perfect our country’s contribution to contribute to the illegal evidence elimination rule.This article is divided into four parts, more than thirty-seven thousand words:The first chapter:in this chapter briefly analyzed in this paper selected topic background, research significance and the research status both at home and abroad.The second chapter:in this chapter firstly analyses the theoretical basis of the illegal evidence exclusion rule, foreign have a theory of human rights, illegal control theory, the theory of getting rid of hypocrisy, secondly points out the rule of law in our country at present is not developed enough, various conditions also is not very mature, at this stage we should based on inhibition of major illegal way to get the evidence and guarantee basic human rights as the fundamental theory of the illegal evidence exclusion rule in China.The third chapter:in this chapter mainly analyzes the United States, Germany, Britain, Japan four the illegal evidence exclusion rules of developed countries, and points out their similarities and differences, hope for the establishment and perfection of the illegal evidence exclusion rule in China.The fourth chapter:the new "criminal procedural law" promulgated marked the illegal evidence exclusion rule in our formal establishment, firstly analyzes the new "criminal procedural law" in the basic content of aspects of the illegal evidence elimination rule, and then analyzes the characteristics of the illegal evidence elimination rule, pointed out our country’s illegal evidence elimination rule and the difference of other countries.The five chapter:in this chapter firstly points out that the Chinese of the illegal evidence exclusion rule in two aspects of legislation and judicial practice and put forward the perfect measures.