Theory Of Illegal Evidence Exclusion Rule In China

The pursuit of entity truth and the maintenance of due process are the common principles pursued by modern countries in criminal proceedings.These two principles throughout the criminal defense process,both the unity of opposites and close ties.So,how to balance these two principles in criminal defense has become a common topic of all countries.With the continuous extension and advancement of this subject,the rule of illegal exclusion is proposed to balance the two principles in judicial practice.In addition to preface and conclusion,the full text of a total of five chapters.The first chapter summarizes the rules of exclusion of illegal evidence,clarifies the criteria for the recognition of illegal evidence and introduces the historical context of the development of illegal evidence exclusion rule.In the second chapter,the author examines the rules of exclusion of illegal evidence in Britain,Germany and Japan,and compares them.The third chapter introduces the concept of the establishment of illegal evidence exclusion rule from the aspects of respecting and safeguarding human rights,the concept of procedural justice and the choice of the presumption of innocence.The fourth chapter introduces the current law,running status and realistic dilemma of our country's illegal evidence exclusion rule.In the fifth chapter,based on the analysis of the exclusion situation of illegal evidence in practice,this paper puts forward the corresponding suggestions for the construction of the rule of exclusion of illegal evidence in our country.As the legal system of the country and the level of development of the legal system is not the same,the rules of illegal evidence to exclude the credibility of the rules are not the same.Based on the application of the rule of exclusion of illegal evidence in China,this paper explores the rules of exclusion of illegal evidence by the above chapters,hoping to make the necessary power for the development of criminal justice in our country.