A Study On The Scope Of Excluding Illegal Evidences In China

The exclusion of illegal evidence is an integral part of the criminal procedure law system,and,at the same time,it is the protection of balancing human rights punishing crime.However,there is a widespread illegal behavior in the judicial practice,becoming a big problem in our country criminal judicatory.The cause of this phenomenon is fundamentally that the illegal evidence exclusion system is imperfect,which makes the torture and other illegal evidence collection behaviors happen frequently.In death penalty cases,the means of evidence collection,review,judge and the rules of illegal evidence exclusion rules are not strict,standard and unified,which influences the judicial justice,authority and objective.It arouses the extensive concern of the society from all walks of life in recent years.On May 30 th,2010,the Supreme People's Court,the Supreme People's Procuratorate,the Ministry of Public Security,the State Security and the Ministry of Justice have issued jointly “on the Provisions of the Audit Judgment Evidence for the Death Penalty Cases Handled by a Number of Problems” and “Criminal Cases about the Provisions on Some Issues of Excluding Illegal Evidence”(hereinafter generally referred to as the “Two Regulations”)range of excluding illegal evidence in our country is preliminarily.On March 14 th,2012,the National People's Congress voted on “the Decision of Amending <the Criminal Procedure Law of the People's Republic of China >”(hereinafter generally referred to as the new “Criminal Procedural Law”)and further confirmed the “Two Regulations” in 2010.It marks the official from the legislation in our country the illegal evidence elimination rule is determined.While the scope of the illegal evidence exclusion plays a central role of illegal evidence exclusion,in violation of the provisions of laws for the illegal evidence,such as torture,still frequently occurred in recent years.So,whether the scope of the illegal evidence exclusion in our country at present is feasible or not is under determined.This thesis begins with the concept of illegal evidence exclusion,standard and scope,in Anglo-American law system and continental law system related to the provisions of the illegal evidence exclusion range for reference,through the analysis and research,this paper discusses the current situation of scope of excluding illegal evidence in our country and the improved methods,to further improve the extent of illegal evidence exclusion rules and implementation,and provide reference for related research.