Study On The Procedure Of The Exclusion Rule Of Illegal Evidence In China

The Rules and its adopting procedure not only protects human rights,but also protects procedural justice and judicial justice. And it is consistent with the common value of the supremacy of human rights and accepted by the world. However, in the legislative and judicial practice, China doesn’t walk long. The Criminal Procedure Laws published in 2012 symbolized that the basic foundation of exclusion rules of China. However, there still exits problems in the launching procedure, reviewing procedure and the liability and standard of proof, which need the legislator to improve.The exclusion rule of illegal evidence rules that the evidence gathered through illegal means should not allowed to be used as evidence against the suspects or defendant. The application procedure of the exclusion rule means that the competent body puts forwards the request of exclusion of illegal evidence pursuant to certain means and terms, and the reviewing body reviews the legality of the evidence and makes conclusion.