Studies On China’s Criminal Illegal Physical Evidence Exclusion

With the progressive development of international human rights protection movement, the continuous improvement of the degree of civilization to the lawsuit, the world’s major countries and regions have established the criminal illegal physical evidence exclusionary rule. Due to differences in the historical and cultural traditions, values and practical needs, different countries or even the same country in different historical periods for criminal illegal physical evidence have different attitudes. Overall, criminal illegal physical evidence with evidence of ability or not, and criminal illegal physical evidence exclude rules how to established, essentially is the problem of conflict and coordination between punishment crime and protection human rights these two objectives during criminal suit.As an important aspect of evidence rules, the criminal physical evidence exclusionary rule in recent years has become one of the hot issues discussed by the legal circles. The reason is that the further development of the rule of law, improve the requirements of the rules of evidence. China’s Constitution and the Code of Criminal Procedure and other laws and regulations were made to the relevant provisions of the rights of citizens’ personal rights, property rights, freedom and privacy of correspondence. To meet this requirement, China has established evidence of illegal words exclusionary rule and illegal physical evidence exclusionary rule. China’s legislative and judicial interpretations have stressed that evidence in accordance with the law and is strictly prohibited illegal forensics, however, for the problem of the illegal physical evidence excluded set very general, does not have operational. The criminal illegal physical evidence exclusion has become one of the major research topic for China’s Criminal Procedure academic and judicial substantive departments facing together. Explore this issue in depth, no doubt has great significance to perfect litigation legislative, standardize judicial practices.2012 Code of Criminal Procedure and the Two pieces of evidence Provisions have briefly requirements to the rule of criminal illegal physical evidence excluded. On the basis of drawing on the experience of other foreign law combined with the actual situation in China, this article intends to sort out the criminal illegal physical evidence excluded rules, explore our criminal illegal physical evidence exclusion.This article consists seven parts. The first part introduces the background, purpose and meaning, as well as the main contents. The second part is to identify the criminal illegal physical evidences and to be a clear definition of the evidence in accordance with the Code of Criminal Procedure. The third section provides an overview of the value of the criminal illegal physical evidence exclusionary rule, mainly including the pros and cons of establish the exclusionary rule, the difficulties encountered by the rules apply, established the necessity of the rule. The fourth section describes the legal basis and practice of China’s criminal illegal physical evidence exclusionary rule. This part discusses the three aspects, the first is the evolution of China’s criminal illegal physical evidence exclusion rules, the second is the research to the rules at home and abroad, the third are models for each country or area which the rule applies. The fifth part is mainly the interpretation of the illegal physical evidence exclusionary rule after the Criminal Procedure Law modified, including the start of the rule out program, the thought of the application process and the removal of the exception to the rule. The sixth section provides an overview of the problem of the illegal physical evidence exclusionary rule and its prospects. This part the author put forward a series of measures to strengthen and execution this rule. The seventh part is mainly to summary of the full text and expect to the future of the illegal physical evidence exclusionary rule.