On The Exclusion Rules Of Illegal Evidence

The rule of excluding illegal evidence is the evidence rule of criminal procedure established by modern democratic rule of law.From a global point of view,the establishment of the rule of illegal evidence exclusion has become a trend.From the founding of our country has been in the exclusion of illegal evidence to seek a breakthrough,and finally in 2010 by the two senior department jointly issued a "Regulations" and "Regulations"evidence of death penalty cases to exclude illegal evidence,to establish the exclusionary rule of illegal evidence,to fill this gap.However,due to the lack of detailed rules and related systems are not complete,the existing illegal evidence exclusion rules lack of maneuverability.In order to put the system into practice,in the new"criminal procedural law" passed in 2012,the exclusionary rule of illegal evidence has been further refined and improved,which is a great progress in the history of the development of the criminal procedure law of our country.However,it is used in the criminal judicial system and judicial practice in the complexity of the outlook is not optimistic,it is necessary to summarize existing achievements,and puts forward the idea of perfecting the exclusionary rule in China on the basis of experience.This paper from the basic theory of exclusion of illegal evidence,elaborate on these issues are divided into the following four parts:the first part,an overview of the illegal evidence exclusion of illegal evidence:the meaning and background,analysis of the value of the illegal evidence exclusion,including limiting the abuse of public rights,relief and protection of human rights and the realization of judicial justice through procedural justice,to ensure the substantive justice;the second part,the historical development and current situation of the exclusionary rule in China,including the illegal evidence in our generation,development and current situation of the criminal procedure law in 2012,a breakthrough in the exclusionary rule of illegal evidence;the third part,China's illegal evidence exclusion rules defects exist,including the regulations are simple and lack of the operation of the stage of review and prosecution inspection authorities ineffective supervision,trial judge on the exclusion of illegal evidence by insufficient,"The answer"to "the privilege against self incrimination" impact truthfully,punishment on the illegal evidence collection behavior is not enough,the lack of exclusionary relief system;the fourth part,to further improve the exclusionary rule in China's proposal,including detailed provisions,enhancing operability,creating supporting system,define the scope of illegal the illegal evidence exclusion and the extent of the creation of the right of silence system,perfect the corresponding illegal punishment system,set up illegal evidence exclusion relief program.