Research On The Application Of Exclusionary Rule Of Illegal Evidence In China

The Fourth Plenary Session of the Eighteenth Central Committee of the Party put forward the reform of the litigation system to promote the trial as the center.The report of the Ninth National Congress of the Communist Party of China proposed to deepen the reform of the judicial system and improve the rule of law and moral quality of the whole nation,and continue to implement the reform of litigation system.The reform of the litigation system centered on the trial is the major task of judicial reform in our country.The collection of evidence should be conducted in strict accordance with the requirements of the trial as prescribed by law.The facts of all cases must be confirmed on the basis of evidence and the investigation of evidence is a requirement of the reform of the litigation system.The revision of the Criminal Procedure Code in 2012 made the exclusionary rule of exclusion in the form of a law.On June 27,2017,the Provisions on Procedures for the Exclusion of Illegal Evidence in Rules for the Exclusion of Certain Cases of Illegal Evidence in Criminal Cases Make specific provisions,and effectively prevent the enemy wrong case.Although the provisions of the rules of exclusion of illegal evidence in our country are becoming more and more perfect,there are still many problems in the legal provisions of our illegal exclusion rule.There are many problems in the application of illegal evidence,the illegal application rate is low,the rejection rate is low,the impact of the results of the case is small,miscarriage of justice also occur from time to time.It is very important to study how to improve the rules of exclusion of illegal evidence in our country.It is not only a manifestation of the trial reform system,but also the requirement of maintaining justice.Based on the basic theory of the exclusionary rule of illegal evidence,this paper analyzes the value of the exclusionary rule of illegal evidence and the course and content of illegal evidence exclusion in our country.Based on the current situation of legislation and the practice of judicial practice,this paper summarizes the problems of illegal rule of exclusion in our country.This paper discusses how to solve the rule of exclusion of illegal evidence in China,and puts forward some suggestions on howto improve the rule of illegal evidence in China from the aspects of legislation perfection,procedure construction and perfect application.This article is divided into six chapters.The first chapter is the theoretical summary of the rule of exclusion of illegal evidence,and elaborates the connotation,type,illegal rule of exclusion and the development course of the exclusion rule of illegal evidence in China.The second chapter analyzes the illegal evidence exclusion rule legislation and the problems in the procedure.The third chapter analyzes the problems of the application of the exclusionary rule of illegal evidence in our country and the reasons for the existence of the problem.The fourth chapter elaborates the legal provisions and the application of the illegal exclusion rule,and the fifth chapter combined with the present situation of our country's judicial situation,put forward the proposal to perfect the rule of exclusion of illegal evidence in our country.The sixth chapter is the summary of the article,summed up the full view of the points and deficiencies.