The Exclusionary Rule Implementation Issues And Perfection

Judicial practice, both parties to the understanding and application of illegal evidence exclusion rules there is not a small difference. Suspects and their counsel banner of "human rights protection" banner calling for all illegal evidence be excluded. Procuratorial organs, judicial organs for the identification and exclusion of illegal evidence cautious. Illegal evidence and flawed evidence ambiguous. Some believe that all illegal evidence are all illegal evidence will be excluded. Some believe that all illegal evidence was flawed evidence Jieke correction. Unknown extension connotation of illegal evidence is unclear,"the fruit of the poisonous tree" Nowhere placement. Illegal evidence exclusion process lacks executive power, the judge discretion "lawlessness." These are the real problems of illegal evidence exclusion rule faced in the implementation.The exclusionary rule, orders and prohibitions, in name only. Analysis of its causes, mainly from three aspects:First, the value of illegal evidence exclusion rules of conflict; one for legislative reasons. Of the exclusionary rule, which does not exclude illegal evidence in accordance with the rules of the general operating principle of the establishment, but rather a response prohibition extreme special circumstances. Legislation for Illegal Evidence found the concept of fuzzy, lack of clarity. Third, judicial reasons.In order to ensure the exclusionary rule to the effective implementation of our recommendations to improve and revise the following aspects. First, judicial practice has always been to uphold the protection of constitutional rights of citizens and curb the guiding philosophy of major violations, the use of the principle of proportionality deal with conflicts of interest in specific cases. Second, the strict distinction between illegal evidence and flawed evidence and insisted illegal evidence exclusion rules mandatory and blemishes can be corrected rules of evidence. The third is clear evidence of illegal recognized standards, such as:"the threat, enticement, deceit" exclusion of evidence of illegal words may establish rules "and other illegal methods," the evidence means;"Criminal Procedure Law" Article54distinguishes between illegal physical evidence and blemishes physical evidence; recognition of the exclusionary rule radioactive potency and so on. Fourth, improve the illegal evidence exclusion program, confirmed the procedural right to appeal the defense, the judge discretion to regulate.