Talk About Criminal Illegal Evidence Exclusion Rule Development Status And Improve

With the continuous economic and social development of human civilization into the modern period, human dignity, liberty, reputation and property to a certain position. Therefore, as one of the important rules of criminal evidence, criminal illegal evidence exclusion rule has been recognized by the criminal procedure legislation of most countries and regions. In general, criminal illegal evidence exclusion rules, referring to the Criminal Detective and judicial material evidence obtained by illegal means should be excluded, and shall not be used as the evidence for deciding. This rule is to limit the abuse of public power to punish crime, protection of human rights, on the fairness and justice of the law has its own unique value. From the perspective of the development of the world’s overall legislation, criminal procedure in many countries, have confirmed criminal illegal evidence exclusion rules, privileges or procedures in violation of the law that is authorized by law officials, or illegal methods to obtain evidence, the trial should be I ruled out.Research in China since the reform and opening up, the illegal evidence exclusion rules gradually deepening. Procedural law scholars generally believe that should determine the illegal evidence exclusion rules, only a small number of scholars dissenting reasons applicable exclusion of illegal evidence makes criminals slipping through the net; illegal evidence exclusion will harm the interests of society as a whole, is not conducive to social stability and unity. In this situation, our legal scholar with the judiciary to actively explore research by relevant laws and regulations formulated modify two provisions "and" Criminal procedure amendment further in our established and clear criminal illegal evidence exclusion rules for curb torture and other illegal evidence, so as to maintain the participants in the proceedings due process rights of the people, procedural justice, and promote judicial civilization. This article mainly through analysis and evaluation of criminal illegal evidence exclusion rules specified, then put forward a number of perfect observations and recommendations.