Research On The Exclusion Rule Of Illegal Verbal Evidence In China

Evidence is the cornerstone of the rule of law,is to achieve justice,protect the cornerstone of human rights.In the task of "deepening the reform of the judicial system and establishing a socialist system of justice and authority," the criminal procedure law has chosen to protect the victims and their interests and ignore the rights of the defendants.It has become a major obstacle to justice and can not respond to social respect and guarantee the constitutional concept of human rights.Evidence system as the basic system of the rule of law,at the core of the litigation system.The rule of exclusion of the law of exclusion is an important rule of law.It is an important system guarantee for the effective protection of human rights in criminal proceedings and the prevention of illegal means of torture and other human rights violations.This rule is accepted by most countries in the world and has become a criminal justice standard for the United Nations because of its own litigation value and its exclusive status in criminal proceedings.However,for a long time,China’s criminal exclusionary rule of illegal evidence has long been in a vacuum area,is one of the controversial topics in China’s theoretical and practical circles.Illegal forensics of torture and so on in judicial practice always exist.Such as the case where the suspect or the defendant is detained,the investigator takes the means of fatigue,drags the suspect,pulls the questioned seat,or gives a strong psychological pressure and so on.It is difficult to grasp whether the evidence can be used as evidence of the finalization;whether the audition is legitimate,and the law does not expressly stipulate that the standard in practice is not clear.The exclusion process is not sound,leading to the investigation stage,review the arrest,review the indictment stage illegal evidence difficult to exclude.China’s criminal lawsuits and judicial activities in the existence of "re-supply,light objects",did not get rid of the "king of the mouth" concept,investigators often insist on access to the case as a detection of cases or even conviction and sentencing basis,and in order to improve the effectiveness of investigation,Investigators often take illegal means to obtain a large number of confessions,and then according to the suspects,the defendant’s confession,to re-evidence,leading to confession in the judicial awareness of the impasse.Theoretical and practical circles on the "poisonous fruit of the fruit," the different understanding of the evidence of the role of the evidence of the validity of the evidence is not clear,illegal evidence of a single punishment,the defendant relief is not enough.Coupled with the impact of traditional Chinese legal thinking makes our criminal areas to combat crime to ignore the phenomenon of human rights protection exists widely,making the implementation of the rules under the heavy resistance,resulting in frequent miscarriage of justice,seriously affecting the conviction of the offender and the defendant Right relief.At the same time,in today’s world is in a period of great change and great development,the trend of economic globalization is constantly strengthening,and the cultural integration force is constantly permeating.In foreign countries,because of the people’s top-down legal awareness and rights and interests,self-protection,the way of thinking is constantly strengthened,and the theory of the rule of illegal verbal evidence is relatively perfect.In contrast to Britain and Germany.Britain has more judicial characteristics in the rule of exclusionary evidence.In order to maintain social stability and in the case of strict restrictions,the evidence obtained from serious violations was ruled out,and a certain amount of discretion was reserved,creating a few exceptions to the exclusion of illegal evidence.For the fruit of the poisonous tree ",the British"evidence law "on the basis of non arbitrary confession to decide whether to exclude the United States to take a comprehensive out of ideas,regardless of whether there is evidence to prove the facts of the case,as long as it is illegal,should be excluded.Germany developed free evidence in the process of criticism,and took a more cautious attitude towards the fruit of poisonous tree.It mainly used the theory of balance and the theory of grading.However,in the rule of law,with the increasingly close legal exchanges between countries and countries,the development of rules of evidence in various countries shows a trend of mutual reference and gradually approaching each other.But the adoption of the legitimacy and evidence forensics on the handover from country to country law where there will inevitably be friction,especially serious disagreements about the conditions in which the application of the exclusionary rule on evidence.If the way of evidence although in accordance with the law of the requested state judicial assistance,but its violation of "Criminal Procedure Law",that would be the exclusionary rule,what is out of the premise,these problems are to be solved the plight of global state.Therefore,in the study of the exclusionary rule of illegal verbal evidence,it is of great significance to improve the evidence law in China and discuss the beneficial results of other countriesThe law of life lies in the implementation of how the paper on the law of evidence flexible application to practice,into practical action on the law,in the form of increasingly serious judicial,but also need to continue to explore.Therefore,In the reform of the litigation system under the background of trial centered,the improvement of the exclusionary rule of illegal verbal evidence system has increasingly become the focus of social attention.In practice it has the effect of strengthening the protection of human rights,effectively restricting the abuse of power and maintaining justice.It is the only way to realize the great rule of law in China.