Exclusionary Rule And Applicable In The Review Stage Of Arrest

In the field of criminal proceedings, the exclusionary rule is undoubtedly the most important rules of evidence. China initially established on the exclusionary rule development, improvement of judicial reform is democratization, human rights inevitable requirement. This paper is divided into four parts of the exclusionary rule and conduct research in the application review stage of arrest, to explore the origins of illegal evidence exclusion rule and its development in China, research connotation and denotation of illegal evidence exclusion rule, the analysis excluded the evidence of illegal foreign legislative practice rules, the analysis from the perspective of the legislative and judicial practice of illegal evidence exclusion of experience and lack of rules, and the arrest of the main issues in the review stage of existence on the Improvement of the exclusionary rule applies to propose measures in the review stage and arrest recommendations.The first part, from the basic concept, analysis exclusionary rule occurrence and development. This paper analyzes the connotation and denotation of illegal evidence exclusion rules, by comparing the Anglo-American, Continental Two Schools of illegal evidence exclusion rules, explore its law of development, through the analysis of the social status quo price segment, explore the establishment and improvement of the rules of evidence necessary to illegal sex.The second part analyzes the status quo of illegal evidence exclusion rule legislation for the initial establishment of illegal evidence exclusion rule in particular, two of the five ministries jointly issued the revised rules of evidence and the new Code of Criminal Procedure, analyze, explore the price segment of illegal exclusionary rule forms, characteristics and inadequate legislation and judicial practice in terms of the practical difficulties.The third part, from the relationship between analysis and review of arrests of illegal evidence exclusion starting work, find the review stage of the investigation and supervision department arrested the exclusionary rule applies to practical problems faced.The fourth part of our law for the review of Arrest illegal evidence exclusion rules on deletion of the review of Arrest illegal evidence exclusion measures and recommendations proposed rules, combined with the arrest of practice review, propose and demonstrate established standard of proof, perfect to start the program, as well as evidence of the effectiveness of explicitly excluded recommend correction terms. This is the focus and difficulty of this article.