Several Studies On The Illegal Evidence Exclusion Rules

The newly revised, People′s Republic of China Criminal Procedure Law”, isbased on the theory and practice of criminal justice and criminal justice practice, itbrings the exclusionary rule of illegally obtained evidence into legislation for the firsttime. This meets the objective requirements of China′s criminal justice and complieswith the demand of protection of Human Rights worldwide, is an inevitable productof judicial reform and the development of China′s rule of law.Exclusionary rule of illegally obtained evidence originated in foreign countriesand had hundreds of years of history. With the social development the value basis ofthe rule changed and the Scope of illegal evidence and its supporting systems areimproved and become clearly constantly. In Contrast, China′s exclusionary rule ofillegally obtained evidence is new in the legislative amendments, althoughexperienced several years of practice, it established the value basis and relevantsystem to adapt to China′s national conditions initially. But just a few years ofjudicial practice is not enough to fully support the argument legislation. So for now,there are problems in both legislative and practical aspects.This article analyzes legislative defects in exclusionary rule of illegally obtainedevidence and its practice dilemma separately, and it proposes ideas for theimprovement of the China′s further legislation. The first part starts with clarifying theconcept of exclusionary rule of illegally obtained evidence, which confused thejudicial practice before, through differentiating illegal evidence and the relevant legalevidence, flawed evidence etc, it defines the scope of illegal evidence and improvesthe practical operation. On this basic, it analyzes the value point of the developmentof exclusionary rule of illegally obtained evidence and provides instructions andguidelines for its practical application.The second part describes the status oflegislation of exclusionary rule of illegally obtained evidence, focuses on theintroduction of illegal evidence ranges, starting-up the illegal evidence exclusionprocessing, the allocation of burden of proof, the standard of proof and the proofmethods etc at the legislative level. On the basic of commenting the existing legislation, it points out its imperfections, for example it doesn′t put the “fruit of thepoisonous tree” into the scope of illegal evidence. The witness cannot as subject startthe illegal evidence exclusion proceeding, the proof for starting standard is vague,there is no specific sanctions against subject who obtained illegal evidence and soon.The third part summaries of the difficulties of starting the illegal evidenceexclusion in judicial practice, such as the proof of proving evidence legitimacy isformalized. It analyzes the deep-seated reasons and find the imperfections in thelegislative rules, that means value substance, devalue procedure, value crime fighting,devalue human rights, the supporting system is not perfect etc, all these factorsrestrict the illegal evidence exclusion to make the best of its functional advantages. Atthe end, according to the analysis of defects in the legislation and practice dilemma, itproposes the suitable vision for China′s national conditions from the perspective ofimproving legislation. We hope with the improvement and development of legalenvironment and the awareness of law, exclusionary rule of illegally obtainedevidence can play its full role.