State The Illegal Evidence Elimination Rule’s Present Situation In Our Country And Its Perfection

The illegal evidence exclusion rule is to get the evidence that violates legal procedure in illegal way, it doesn’t have proving capacity, and it can’t be adopted by the court. It was established in the USA in the 20th century at first and then developed fast, which also appeared in the continental law system and Anglo-American law system. The illegal evidence exclusion rule is able to maintain the authority of legal institution, because it is a rule of evidence that is commonly adopted by the modern country, but it is also one of the most controversial evidence rules in the criminal evidence field, so its perfection should fit into the modern rule of law civilization, which can protect human rights better.This article is divided into four parts. According to the general to specific, from macroscopic to microcosmic, from theory to practice the idea of analysis, among them, the analysis of specific problems to the problem, the root causes of problems and the way to solve the problem are regarded as the main research approach.The first part gives the introduction of the concept of illegal evidence, rules of illegal evidence exclusion, briefly describes the theory of illegal evidence elimination rule and the value function. Define the illegal evidence and the exclusion rules of illegal evidence from broad sense and narrow sense respectively, to discuss the theoretical basis of the illegal evidence elimination rule and explain the value function of rule.The second part states the obstacles in the judicial practice when using illegal evidence rule in our country and inspect the current situation of legislation. Through the investigation analysis of various stages, summarize experiences; interpret the reasons behind the interpretation system in different historical periods, in order to distinct the illegal evidence exclusion rule in current law and the obstacles in the judicial practice when using illegal evidence rule in our country.The third part states the reason of obstacles in the judicial practice when using illegal evidence rule in our country. The analysis of reasons resulting in problems that judicial practice face in our country from the standpoint of legislation, implementation, conception and system, combined with the practical problems in the judicial practice, which all suggests that it should take a long time to standardize the rules of excluding illegal evidence in our country.The forth chapter tells suggestions for establishing rules of excluding illegal evidence in our country. According to the rules of illegal evidence in legislation, practice and barrier to practice, change the judiciary personnel’s and citizen’s thought by making a special criminal evidence law and conducting the publicity and education about their ideas, relevant systems cooperate with each other, which take advantage of the illegal evidence exclusion rule much better.