Study On The Exclusionary Rule Of Illegal Evidence In China

One of the most important contents in criminal procedure is evidence,which is the key of criminal trial and the core of whether the suspect can be convicted.Therefore,the application of evidence and how to protect the legitimate rights of criminal suspects in the process of collecting evidence is particularly important.In modern China,often exposed some miscarriages of justice,such as the "Zhao Zuohai case" and "case of Du Peiwu","Nie Shu Bin case" and so on,the reason why the miscarriages of justice,because for conviction evidence comes from the inquisition by torture or other improper procedures obtained by confession,confession is other clues and obtain the so-called "evidence",the suspect finally so convicted to become criminals.The emergence of numerous miscarriages of justice,making the legislative,academic and practical circles began to seriously consider the process of criminal proceedings,to study the exclusion of illegal evidence and the rights of criminal suspects relief.This paper is divided into five parts:The first part,a detailed analysis of the background and significance of the topic and the research;second part,an overview of the exclusionary rule of illegal evidence,introduces the concept,expounds its meaning and significance,the extraterritorial application of the exclusionary rule of illegal evidence and its enlightenment and reference to China;the third part,analysis of the status quo illegal evidence in our country from the rules,including the development process,the formation of illegal evidence exists causes and practical problems in the process;fourth part,on the perfection of the system of eliminating illegal evidence in China;the fifth part in this paper and the future outlook.