The Comparative Study Of The Illegal Evidence Exclusion Rules Between China And The United States

From the concept of human rights protection to the principle of due process of law, to the illegal evidence exclusion rule, from a constitutional amendment to judicial precedents, the development of the illegal evidence exclusion rule in the United States has a complete approach. In this article, amendments to the constitution of the United States involved in the illegal evidence exclusion rule were studied, reflect on the problem of illegal evidence elimination rule in our country, and discuss the way to improve it. Including the criminal litigation constitution and constitutional judicialization, the centralization of the illegal evidence jurisdiction, a binary type structure of the referee, the defendant the right to receive a lawyer to help, the scope and limits of the illegal evidence exclusion in the judicial practice.