The Thoery Of The Exclusionary Rule Of Illegally Obtained Criminal Evidence

The exclusionary rule is an important content of evidence law,It originated in the United States, then it received great improving and developping. Now it has been adopted by many countries in the world. With the development of human rights protection,more attentions has been paied to the exclusionary rule’s establishment. In the mean time, our country has joined many international conventions which is garanree the human rights.Because of there are more and more cases of unjustly charged by torture, our country also realize the importants of the exclusionary rule, and ultimately, we take this rule in the law when we revised our criminal procedure law.compared to the foreign countries which has developpment law system,our law system is still uncomplete and immature,we still has a long way to develop.Build the criminal illegal evidence exclusion rule in our country is an important part of the socialist legal system construction. In this paper,we mainly use the research method of comparision.After learn some relate foreign legislations,we find out some insufficient and many aspect which need to perfect in China’s exclusionary rule. The author will give some suggets which how to guarantee it carry out.