Research On Exclusive Rule Of Criminal Illegal Evidence

Although the exclusionary rule reform made a breakthrough, the new exclusion rules still could not make full use of its power. Not only the current exclusionary rule itself exists many problems at the institutional level, but also the operating environment which impacts the implement of the rules does not fundamentally changed. Therefore, through analyzing the concept of the exclusionary rules and clarifying the important value of its existence, the paper makes a further grooming about the rules’evolution in china and summarizes the current exclusionary rules of illegal evidence system itself as well as the deep-seated dilemmas the judicial environment faced;based on them,this paper puts forward corresponding improvement measures.Apart from the introduction and conclusion, the paper is divided into the following four parts.The first part is about the definition and value of the exclusionary rules of illegal evidence. By analyzing its definition and value, we understand what exclusionary rules of illegal evidence is, and how urgent this rule should be established and developed in China. For the second part,the paper teases out the exclusionary rules of illegal evidence’s progress in China from its historical change and the status so that we can have a deeper understanding.The third part detailed analyzes the exclusive rule of criminal illegal evidence and the problems it faced when implementing. This part respectively from the entity constructive rules, program implementation rules and the rules applicable judicial environment, there three aspects, to make analysis. The defective ways and unreasonable scope are the main barriers when implement the entity constructive rules; and for the program implementation rules, the problems reflect in six aspects, which include the fabulosity that detective agencies as the main body, the stagnation of investigation procedures, the irrationality of the allocation of burden of proof, the problem that investigation procedures attached to the entity, operability of relief procedure is not strong and none following up about supporting measures. As for the rules applicable judicial environment, the interaction of the courts affects its implementation, the missing of lawsuit structure which centers on criminal trial and the way of thinking that over-emphasized are the main problems.The fourth part puts forward some perfection measures for the exclusive rule of criminal illegal evidence. This part not only gives the rules like the entity constructive rules, program implementation rules which belong to the defects of the system of the rule itself some corresponding improvement measures, but also makes some improvements countermeasures and suggestions for the overall legal environment which hinder the running of exclusionary rules of illegal evidence.Based on the continuous improvements of the technical rules and the better construction of the legal environment,exclusionary rules of illegal evidence can incarnate its value better in the protection of human rights, the maintenance of judicial justice, the establishment of judicial authority and the realization of social fairness and justice.