Research On The Excluding Rule For Criminal Illegal Confession Evidence

The exclusionary rule of illegal evidence in the criminal procedure law of our country, the majority of people to highlight the legal requirements of fairness and justice, reflect the national attention to the protection of human rights, adhere to the legal means of governing the country by law spirit. About the program is more concerned about the problem of illegal confession collection methods, provisions of the physical evidence of the relatively small, so that the legality of the exclusionary rule for collecting in very important position. Eliminating the illegal confession is the evidence ability to standardize the rules, can effectively determine the effect of illegal words evidence problem, also can play the role of guarantee of procedure justice, a large number of miscarriages of justice makes us review, pay more attention to evidence collection is standard, oral confession as evidence of the king is the key. In the criminal proceedings in the oral confession have a unique position, therefore "Criminal Procedure Law" and relevant judicial interpretation to pay more attention to eliminate the problem of illegal confession, the first breakthrough in the implementation of illegal confession excluded in legislation, However, in the judicial practice, for illegal statement in program still exists many problems, solve these problems in order to better safeguard the use of illegal confession exclusionary rules, so as to prevent torture to extract confessions and other illegal methods to forensics may result in miscarriages of justice.Through the analysis of foreign mouth for exclusionary rule, comparing the differences between Chinese and western, the same system performance in different historical background, learning other country’s rules, make up our country in eliminating the illegal confession defects of this one problem. From the pursuit of value point perfect exclusionary rule of illegal oral evidence is to maintain fairness and justice, respect and protect the rights of the accused in urgent need, is the need to connect with the international criminal judicial criteria. Through the analysis of different procedures, the present situation and problems of the gradual deepening of each program phase, finally puts forward personal idea of the author, specify the relevant laws, improve the exclusionary rule of the specific application of the definition of illegal confession, To solve the defects in the program, making its concrete application in eliminating the illegal confession rules can be more accurate, more specifically, to better protect effectively eliminating the illegal confession rules. The maintenance of judicial authority, prevent the happening of miscarriages of justice.