On The Application Of Illegal Evidence Exclusion Rules In Criminal Proceedings Process

In the criminal proceedings process, the exclusionary rule of illegal evidence is the judicial interpretation on civil evidence to safeguard the rights of involved party and prevent the judicial personnel handling a case from extorting confession by torture and other behavior of collecting evidence against law. Because Chinese experts and scholars have not valued the regulation for a period of time, the exclusionary rule of illegal evidence is a blank in legislation. However, in recent years, because the unjust, false and erroneous cases are in common occurrence, the exclusionary rule of illegal evidence (the exclusionary rule of illegal evidence referred in the paper only refers to the rule in criminal proceedings), the exclusionary rule of illegal evidence attaches more and more importance and the research on the exclusionary rule of illegal evidence is more and more systematic. But, there is still something unsatisfactory in the application process. The paper presents the importance of the exclusionary rule of illegal evidence in criminal lawsuit process through researching the development history of the exclusionary rule of illegal evidence. After researching the exclusionary rule of illegal evidence in America, England and Germany, compare the concepts of illegal evidence in the exclusionary rule of illegal evidence, analyze the current situation and existing problems in the exclusionary rule of illegal evidence in current stage and present reasonable suggestions about how to perfect and establish the exclusionary rule of illegal evidence in China.Part I describes the development process of the exclusionary rule of illegal evidence in China, tells the development process from non-systematization to systematization from the evolution process of legislation, specifies the establishment of the exclusionary rule of illegal evidence. The rule is not only the inevitable result of development history of criminal lawsuit, but also the realistic request of criminal and juridical practice.Part II compares the exclusionary rule of illegal evidence in America, England and Germany from legislation origin, exclusion procedure and relief procedure.Part III provides the public security organ, procuratorial organ and judicial organ may make illegal evidence exclusion decision according to Criminal Procedure Law. The paper expounds the role and position of application process of the exclusionary rule of illegal evidence from the public security organ, procuratorial organ and judicial organ.Part Ⅳ expounds the confirmation of illegal evidence in criminal lawsuit field in China. The research on the exclusionary rule of illegal evidence shall firstly specify the problems in illegal evidence. The paper analyzes the general and narrow concept and scope of illegal evidence, compare illegal evidence and defective evidence, specify the difference in violated rights, reflected cases and applicable rules.Part Ⅴ introduces the current situation of the exclusionary rule of illegal evidence in China, including the situation of legislation and juridical practice and discovers the existing problems according to the applicable conditions of the exclusionary rule of illegal evidence.Part Ⅵ presents opinions and suggestions in concept, system and practice regarding how to perfect and establish the exclusionary rule of illegal evidence aiming at the application situations and problems.