On The Construction Of "Fruit Of Poisonous Tree" In The Criminal Procedure Of Our Country

The exclusionary rule of illegally obtained evidence has been established in China for more than four years.However,in the past four years,there are few cases in which the rule of illegal evidence exclusion can be used.There are many specific reasons,but the author is a very important reason is that,as the lack of exclusionary rule is an important part of the "fruit of the poisonous tree" rules,in the overhead of the application of the exclusionary rule of illegal evidence.But since the third Plenary Session of the 18 th CPC Central Committee,the relevant reform documents specifically put forward the strict implementation of the exclusionary rule of illegal evidence,improve the implementation of illegal evidence exclusion system guidance requirements.So I think in the current background of the reform of the judicial system,the importance of the rules has been upgraded to a new height,cons truction adapt to our country "fruit of the poisonous tree" rule s to improve the exclusionary ru le of illegal evidence is very necessary and feasible.This article is divided into four parts: the first part of the concept of the "fruit of poisonous tree",introduces the contents of the rule of "the fruit of poisonous tree".The second part mainly from the legislative and judicial practice and academic theory three aspects of China's "fruit of the poisonous tree" regulations,combined with the implementation of the new criminal procedure for the trial of cases of illegal evidence exclusion rules are introduced.The third part introduces the exclusion pattern of "poison tr ee" in foreign countries,and provides a reference for the construction of the Chinese "poison tree" rule in the comprehensive comparison of the relevant rules of the continental law system and the common law countries.The fourth part is the construction of the "fruit of the poisonous tree" in China's criminal proceedings,the actual needs and specific measures,including the improvement of the relevant legal system and the establishment of auxiliary measures.Based on th e current reform of the jud icial system of our coun try and improve the exclusionary rule of illegal evidence as the ba ckground,the relevant provisions of the "fruit of the poisonous tree" comparison of Chinese and foreign legal rules,in re ference to f oreign related rules of experience at the same time,based on China's current judicial practice,provide a reference for improving the current of exclusionary rule in China.