Empirical Analysis On The Illegal Evidence Exclusion Rules

July1,2010, the Provisions on Several Issues concerning the Exclusion of Illegal Evidence in Criminal Cases and Provisions on Several Issues concerning the Examination and Judgment of Evidence Death Penalty Cases jointly issued by the Supreme Peoples’ Court, the Supreme Peoples’Procuratorate, the Ministry of Public Security, the Ministry of State Security, the Ministry of Justice came into effect, marking the establishment of illegal evidence exclusion rules in our country. Criminal Procedure Law (2012Amendment), also provides the exclusionary rule used six provisions, that makes the rules upgrade from the level of Judicial Interpretations to the level of Law. As of December31,2013, the two evidence acts has been implemented for three years and a half, the new Criminal Procedure Law of the Peoples’Republic of China (2012Amendment) has also run a full year. How the exclusionary rules run, whether they have been effectively and consistently implemented? By a analysis of the typical cases involving illegal evidence exclusion occurred after the implementation of the two evidence acts, this paper attempts to explore and analyse the current situation and problems of the exclusionary rules, then put forward some strategies and suggestions in light of the foreign experience, that hope to contribute to perfect the evidence acts and judicial fairness.The body of the paper is divided into four parts. The first part is "Introduction". It introduces the legislative background and significance of this topic, sorts of domestic research results on Exclusionary rule, and describes the research method.The second part is "Exclusionary Rule Overview". Firstly, it sorts of definition of the exclusionary rule in the writings at home and abroad, pointing out two more controversial places-"the connotation of illegal evidence" and "exclusion mode", secondly, it analyzes emphatically "the connotation of illegal evidence" and "exclusion mode" established by our law, while introduce comparatively the relevant provisions of the foreign countries briefly. Finally, it expounds the theoretical foundation and the legal basis.The third part is "Sample Selection and Analysis". It points out how to select a sample in this paper, and then focus on four aspects of the samples, making a statistical analysis. Four aspects include the "kinds of illegal evidence","exclusion phase","whether to exclude" and "how to prove". This section indicates the implementation status of exclusionary rule. The fourth part is "the Problems and the Proposals". It sums up the problems of the third part, and then puts forward the corresponding improvement suggestions.