Some Issues On Application Of The Excusionary Rule Of Illegally Obtained Evidence

The exclusionary rule of illegal evidence is the fundamental requirement of a modern country under the rule of law.Learning from the judicial experience of the Two Rules of Evidence,Criminal Procedural Law of the People's Republic of China newly promulgated in March 14,2012,defines the intension and extension of the exclusionary rule of illegal evidence in detail,and specially sets up an operable procedure mechanism,which established an integrated exclusionary rule of illegal evidence.However,Law does not enforce its own,whether the rule can have a satisfactory result remains to be seen.Thus,studying test cases about exclusionary rule of illegal evidence as analysis sample from China Judgements Online in recent three years,use the ideas of the combination of theory and practice to carry on the quite systematic analysis and the logical induction to research the whole situation of the exclusionary rule of illegal evidence for improving it.To understand the application of this rule,the paper studied from five aspects which includes the subject of illegal evidence exclusion,the type of exclusive evidence,the startup of the application,the proof method adopted by Prosecutor,the referee results and reasons of the judgement.Through the analysis of these data,the author find that in our current judicial practice,the application of exclusionary rule of illegal evidence still faces several problems,such as the difficulty of startup,formalization of court investigation procedure of the evidence,low rate of illegal evidence exclusion and the effect is not satisfactory at present.Aiming at these specific problems,the author proposes the following suggestions.First,increase the starting rate of its application.Second,the full implementation of audio recording system,description of limitations,proof of interrogation record and force investigators to testify in court need to be optimization to certify the validity of evidence of Prosecutor.Third,clarify the scope of the illegal evidence,improve the exclusive rule of illegal evidence and specify the procedure of identification and exclusion.Last,reforming the judicial system,perfecting the judge's professional rights protection and occupational immunity system.Finally,hope this study paper can provide references to both theory and judicial practice.