On The Exclusionary Rule Of Illegal Obtained Criminal Evidence

Criminal illegal evidence exclusion rule in foreign countries has more than hundred years of history.The development of illegal evidence exclusion system has been developed for more than one hundred years, and of course the main development area is still in the western countries. In China, the application of academic research and practical application is still short board. In illegal evidence exclusionary rules in the field, criminal illegal evidence exclusionary rule is mainly reflected in the of the Supreme People’s Procuratorate and the supreme law unite the public security departments in 2010 rules of evidence, and in 2012 the new criminal procedure law also of the illegal evidence exclusion provisions. The Third Plenary Session of the party’s Third Plenary Session of the eighteen rule of law as the new era of China’s political construction, especially the application of the rule of illegal evidence exclusion rule is an important part of the current judicial reform, but also to maintain the judicial authority, safeguard human rights, to curb illegal evidence collection and limiting power abuse is an effective measure to improve the quality and level of criminal cases. However, due to the immaturity of the system, it can not provide effective behavior pattern and theoretical reference for the legislation and judicial practice, which leads to the existence of many unsatisfactory places in the actual rules. To solve this problem, we must update the concept, the basic national conditions of China’s socialist legal construction as a big background, focus on solving the problems and difficulties in the operation of illegal evidence exclusion rule. Take all kinds of research methods, the rule of illegal evidence exclusion as a key subject of criminal law to study, it is calm to face the prospect and development of illegal evidence exclusion rule in judicial application.The thesis consists of introduction, text and conclusion three parts, the body part is divided into four chapters, respectively from the four aspects of the comprehensive of the criminal illegal evidence exclusion rules related problems are described. The first chapter of the relevant concepts are described and demonstrated the scientific definition of illegal evidence exclusion rule. The second chapter is a brief introduction and comparative analysis of the legal system. The two chapter is about the legal status of the United States, the United States, Britain, Germany and Japan. The fourth chapter is about the legal status of our country’s criminal illegal evidence. The third chapter is about the legal status of the legal system. And related distribution System construction opinion.