The Burden Of Proof And Certification Standards Of Exclusionary Rule

In 2013 the new revision of the criminal procedure law of the People’s Republic of China established in the form of legislation for the first time the content of the illegal evidence exclusion rule. The rule of legislation to establish conforms to the actual requirement of our criminal justice, conform to the international trend of human rights protection, is the inevitable outcome of the development of China’s judicial reform and the rule of law, marked the our country criminal justice to maturity stage. Illegal evidence exclusion rule originated from foreign countries, and has experienced more than hundred years of history, in the process of its development and constantly improve, the value basis of the rule changes constantly with the development of the society, the scope of the illegal evidence, and various supporting systems also basic clear and perfect. Rules of excluding illegal evidence in our country, in contrast, has just been carried out with the revision of the new law, although also has experienced several years of practicing preliminary established to adapt to the value of China’s national conditions, and on this basis, establishes the corresponding system. But just a few short years of judicial practice, is still not enough to fully support the legislation. So far, the rule in both legislation and practice there are a variety of problems, has yet to be through judicial practice summary and improve step by step. Based on the proof of illegal evidence elimination of the burden of proof and standard of practice and make a deep analysis on the basis of the theory view, draw lessons from foreign experience, based on local resources, clarify the implementation of obstacle, put forward the feasibility approach to construct the system.