The Application Of The Theory Of Illegal Evidence Exclusion Rule

Currently in strictly illegal evidence exclusion rule in China ten big technical problems,Eg: define,identify,and puts forward,proof,survey,confrontation,cognizance,exclusion,coordinating and supporting.At the same time,"both houses three" jointly issued "the criminal case about the provisions on some issues of excluding illegal evidence in the aspect of value rationality also marks the essence of the illegal evidence exclusion rule in our country.If the evidence rules in accordance with the "program-entity" mode for typing and analysis,then the gist of the illegal evidence elimination rule is to use a "rigid",abuse or misuse of investigation of evidence power law to obtain evidence,in order to standardize the investigating subject obtains evidence procedures and methods.Rules of illegal evidence exclusion of evidence body obtained through illegal program or illegal evidence,the evidence from abroad about the illegal evidence exclusion of judicial practice,function and value of many is proved,based on evidence collection procedures only or wrongfulness method and make the legal rule out,one of the most typical is "the simpsons" case.This may be half an hour in our country can determine the case of the suspect is guilty,for half a year in the United States,but also because of the defects of forensics process key evidence cannot use lead to conviction.For the illegal evidence elimination rule of evidence law attribute,the German scholar rocco letter has an image of the parable: if the criminal procedure law,including criminal evidence system,is a degree of the constitution and the state under the rule of law of vibration,the illegal evidence exclusion rule is the criminal procedure law ride on of the most important device,or,ride of the illegal evidence exclusion rule is that the criminal procedure law.From the perspective of the theory of illegal evidence exclusion,according to Japanese scholars taguchi in one,the essence of illegal evidence exclusion,is to eliminate "according to the illegal investigation found evidence and again found evidence of evidence(derived)",according to German scholar rocco letter,"one(probative value)prohibit the effectiveness of evidence as well as deep as indirect on the obtaining of evidence".The U.S.Supreme Court chief justice warren burger has declared: "as time goes on,and now have shown that continue to exist and implementation of the rules hindered the rational alternative.As long as the exclusion rule in its present form continue to exist,establish new alternative power is small or nonexistent." "The illegal evidence exclusion rule" the promulgation and implementation of is caused by the evidence system in our country in the history of a landmark event,both in entity and procedure,and has very important value.Therefore,in physical ways,debunk it is certain that this rule can improve the quality of case handling,to prevent the happening again of wrongs,so as to promote to the discovery of real related entities;In application ways at the same time,the rules also can effectively curb torture is related to behavior,to further strengthen the public security organs and the judicial personnel in the consciousness of evidence and procedure training in this respect,so as to reveal the value of procedural justice,to safeguard human rights.