An Empirical Analysis Of The Exclusion Of Illegal Evidence

In criminal proceedings the exclusionary rule of illegal evidence is an important evidence rule,in practice it to strengthen the protection of human rights,effectively limiting the abuse of power and justice has the role can not be underestimated.The illegal evidence exclusionary rule has been in the country for one hundred years of history,but due to the the social background,institutional background and value orientation of criminal procedure of the different treatment of the illegal evidence in the procedural law,the legal systems of different countries are not the same,even in the same countries,the principle of treatment also has a small difference.Since the revision of China's new criminal procedure law,"the law on illegal evidence exclusion" has become more delicate and full,to a certain extent,can be said to be a big progress in China's construction of rule of law.The sensational case of Chen Zhuohao,is the representative of many successful cases of illegal evidence exclusion.In this case,although in this case the defendant Chen Zhuohao after 6 years of life in the dark times,but eventually gained freedom,not died.But we should also be aware of relevant laws and rules of excluding illegal evidence provisions are not perfect and mature,blank and confusion theory in judicial practice continue to show the spear Shield and conflict is the pain of judicial practice in our country,although this article discusses the successful use of the Chen Zhuohao case,but only a few exceptions.Based on the above problems,this paper analysis case analysis and empirical methods,analyzes the main focus of controversy on the Chen Zhuohao case,and regulations related to the academic literature and law and its judicial interpretation,the case involving illegal evidence eliminating problems were analyzed.Then,the paper gives some feasible suggestions,look forward to of our country in practice about the illegal evidence exclusion rules applicable in the help.The main body of this paper apart from the introduction,the main body is divided into four parts:The first part is the introduction,introduced by Chen Zhuohao suspected of intentional homicide of this social hot cases,leads to the focus of controversy exists in the evidence of the case,the main focus of controversy:(a)ask for self explanatory statement obtained whether the illegal evidence;(two)whether the interrogation video blank should be illegal evidence absolutely exclusion;(three)to accurately judge the problem of the exclusion of illegal material evidence.At the same time,the high court of Guangdong province using the exclusionary rule of illegal evidence made a final verdict of not guilty is accurate and the reasons for the success of the simple analysis.The second part is mainly focus on the case of legal disputes.This part is the innovation of this paper.For questions from the three aspects of the Chen Zhuohao case verdicts,through theoretical analysis,analysis of law comparative analysis reveals the author's own views.The third part mainly proposes the realistic predicament in China facing the exclusion of illegal evidence,mainly from the practice of evidence means,responsibility assignment,correction rules,and start to remedy these five aspects to analyze.The fourth part is mainly on the basis of the third part puts forward the problems,elaborated on the issue from the evidence of the legal and judicial reality perspective,summed up China's current regulations and judicial explanations exclude design flaws,provisions of the illegal evidence based on this,the author puts forward five suggestions:(a)to expand the scope of means no evidence of illegal evidence;(two)the balance of both parties the burden of proof;(three)strictly regulate the evidence revision procedure conditions;(four)establish the trial centered litigation mode;(five)improve the relief mechanism of exclusion of illegal evidence.