On The Perfection Of China's Illegal Evidence Exclusion Rules

At present, the construction of rule of law in China is constantly progress. However, in criminal proceedings, extorting a confession by torture phenomenon does exist and become a persistent ailment in criminal justice. The exclusionary rule is an effective measure of eliminating torture to extract confessions. The new criminal procedure law clearly stipulates illegal evidence exclusionary rule, highlighting the concept of procedural justice value, also marks the illegal evidence exclusion system in our criminal justice to be formally established, to effectively regulate the conduct of criminal justice, to prevent miscarriages of justice, respect for and protection of human rights is of epoch-making significance, is worth affirmation. However, the illegal evidence exclusion rule in the judicial practice is not optimistic, how to implement the system is faced with many specific operational level issues. The author mainly from the illegal evidence exclusion rule overview, illegal evidence exclusion of the procedure, illegal evidence exclusion rule of the general situation, the illegal evidence of other judicial identification problem and how to establish the illegal evidence supporting measures, etc.. In this regard, the author believes that in order to truly establish illegal evidence exclusion rule, we must study the rule of illegal evidence exclusion, and pay attention to the construction of relevant supporting system. Only two can do many things at once, to achieve a multiplier effect.This paper is composed of three parts, namely, introduction, text and conclusion. The text is trying to understand the meaning and the related concepts of illegal evidence exclusion. Through the longitudinal research on its development history, we make an objective and rational analysis of the development environment of illegal evidence exclusion rule. The focus of this paper is to construct the system design of the illegal evidence exclusion rules. From the basic legal principle of the rule of illegal evidence exclusion, we suggest that we adopt a model of "mandatory exclusion, exclusion and non exclusion". To improve the application scope of the rule of exclusion of illegal evidence, the court hearing procedure and evidence before the court to review the system. Of course, most important is to establish legal system to prevent extorting a confession by torture, can through the reform of the procedure of investigation and interrogation, enhance procedural openness and transparency, set specific subject to start evidence exclusionary procedure, of illegal evidence review and decision procedure is to strictly limit, finally is to perfect the supporting mechanism of the procedure with echoes and can get twice the result with half the effort.Through the above analysis, the conclusion is: in order to establish a system of true faith in the rule of law, it is necessary to set up a higher level of technical standards, in order to strictly limit the detection procedures and practices". So, how to design this is the reflection of the procedural rationality, and favors the defense, but also to the greatest extent to achieve may completely exclude the illegal evidence to verify the facts of the obstruction of the system, but also need to in practice constantly explore and perfect.