Study On The Criminal Illegal Verbal Evidence Exclusion Rules

The current "Criminal Procedure Law" and the relevant judicial interpretation have established the rule of illegal evidence exclusion in the form of law.And the illegal verbal evidence exclusion rules came into being.As a result of illegal evidence,illegal illegal evidence source itself decides that it should not have the evidence ability.Therefore,it can not be used as evidence to be adopted and applied to the litigation activities.The establishment of the rule of exclusion of illegal verbal evidence provides the direction and system guarantee for the treatment of illegal verbal evidence.Compared with the physical evidence,the special nature of the verbal evidence in terms of sources makes it more closely related to the personal rights.The investigators through direct contact with the citizens to obtain the confession,witness testimony and statements of victims.In this process,once investigators make a breach of the law,then,the basic human rights of citizens are bound to be violated.The existence of illegal verbal evidence indicates that the act of illegally obtaining evidence has already been completed.And,it also shows that the state power has trampled on the civil rights.It is contrary to the value pursuit of "the respect and protection of human rights" in criminal procedure.The existence of the exclusion rules of illegal verbal evidence aims at warning the illegal evidence from the exclusion of evidence of illegal verbal evidence,thus regulating the exercise of public power and protecting human rights.It is worth mentioning that although China has established illegal verbal evidence exclusion rules,but the rules are still in the initial stage.Not only the rules themselves are still inadequate,but due to the lack of corresponding supporting systems and supporting measures,the operation of the rules also failed to achieve the desired results.Obviously,in order to make the rule of illegal verbal evidence rule to achieve the desired results,it is not enough to have the legal validity.Only realize the validity and effectiveness of the exclusion rules can has more vigor and vitality and play a positive role it should have.Based on the above,this article will analyze and research the existing rule of exclusion from the point of view of the illegal verbal evidence.On the basis of the above,this paper will consider the practice of the rule of exclusion in foreign countries.At the same time,we should also learn from foreign experience.Finally,on the basis of the above,we should realize the perfection and development of our illegal verbal evidence rule.