Practical Difficulties And Counter Measures In The Application Of The Exclusionary Rule In The Offical Crimes

The exclusionary rule is a rule that generally operates to exclude fromadmission at a criminal trial evidence obtained as a result of unlawful activityby law enforcement officers or their agents. At present, Chinahas formally established the exclusionary rule in the legislation.But the exclusionary rule has not really been implemented in the offical crimes whichinvestigated by procuratorial organs. There are many difficulties in theimplementation of the exclusionary rule, such as, how to define the illegalevidence、The defense how to provides evidence to start the procedure、Courtsand prosecutors how to exclude the eIllegal Evidence、the relevant systems isnot perfect. To make effective implementation of the exclusionary rule, Wemust Improve legislation and system, change concepts, improve our ability.