On The Distinction Of Law And Fact

The exclusionary rule of illegal evidence is discussed heavily in theory.But its enforcement in practice is bad.Illegally evidence collection is still repeated.The exclusionary rule of evidence exists in name only.Miscarriage of justice always happened.However,the problem is not the exclusionary rule itself but the legal institution behind the exclusionary rule.That is to say,there is no distinction of law and fact or evidence isolation procedure in our country,thus leading to difficulty of excluding illegal evidence.So,the key to solve these problems is to distinguish the question of law and the question of fact.The distinction of the question of law and the question of fact is not only the basic stone of criminal evidence system,but also the key of solving problems of fact finding in civil procedure.In modern criminal procedure system,the distinction between the two is related to the separation of admissibility and credibility of evidence,thus affecting the application of the exclusionary rule.Meanwhile,the distinction of the two decides the authority division of judge and jury,but also the power range of the trial court and court of appeals.This paper includes five parts except for introduction and conclusion.Through the distinction of law and fact,the basic question of criminal procedure,we analyze the move function of the exclusionary rule in comparative law aspects.Then we discuss the problems and difficulty of the exclusionary rule existing in our country.At last,we will put forward to some resolutions.Chapter one is the introduction and Chapter seven is the conclusion.Part One: the concept of the distinction of law and fact.The question of law and the question of fact have different meanings in aspects of substantive law and evidence law.This chapter is to make the definitions of the distinction of the two in substantive law and evidence law.Part Two: the necessary of the distinction of law and fact.This chapter is mainly introducing the different historical tradition of the Anglo American law system and the continental law system.Then draw out the response of the people's jury system reform to this question in our country.Part Three: analyze evidence isolation system of the distinction of law and fact,including evidence isolation system of the Anglo American law and the exclusionary rule of the continental law.Part Four: analyze the problems of the criminal evidence system and the practice of our criminal procedure,including the pretrial motion is indecisive,lack of the system of trial within trial,adopting narrative testimony,lack of interlocutory appeal system and written file center system.Part Five: rebuild the resolution of exclusionary rule in China.Construct evidence isolation system to solve the problems.