| The Criminal Procedure Law of the People’s Republic of China in 1979 established the criminal defense system,but very general.After modification in the year of 1996 and 2012,the criminal defense system was greatly improved.However,as the criminal defense system has been developed,the persistent illegal evidence collection in judicial practice has drawn greater attention in the theoretic and practical field.An important reason is the concept that we chronically emphasize the entity and despise the procedure,at the same time,we don’t have good and sound criminal procedure institutions,as a result,we are lack of relevant legislation to regulate illegal evidence collection.The new Criminal Procedure Law established the illegal evidence exclusion rules,which absorbed a lot of rules established in the “Two Evidence Acts” set by “the Two Supreme and Three Ministry” in 2010.In general,we establish the basic content of the illegal evidence exclusion rules.Thus,the criminal defense to excluse illegal evidence has legal basis.It plays an important role to protect the lawful rights and interests of suspected offender and defendant.However,effective defense in illegal evidence exclusion rule still faces many difficulties and problems in practice.So,it has great theoretical and practical meaning to analyze theoretical base of effective defense in illegal evidence exclusion rule 、function 、 realistic difficulties and put forward countermeasures. |
