The Improvement Of The Exclusion System Of Criminal Illegal Evidence In China

In our system of criminal procedure system,the illegal evidence exclusion system plays an irreplaceable important role.The establishment of illegal evidence exclusion system is an objective need for our country to attach importance to and strengthen the protection of citizens' basic rights.The establishment of illegal evidence exclusion system is to regulate the power of the judiciary,in-depth to promote the "trial as the center" of the objective needs of judicial reform.The establishment of illegal evidence exclusion system is to continuously improve the efficiency of judicial handling and realize the objective needs of criminal litigation.Illegal evidence exclusion system has always been the focus of China's legal theory and judicial practice.In recent years,some injustice,wrong cases have been found and corrected.The serious consequences of illegal evidence are shocking.Illegal evidence exclusion system has become the focus of social concern.This article elaborates the perfect system of illegal evidence exclusion from six aspects.The first part is a general understanding of illegal evidence and exclusionary rules of illegal evidence.The basic connotation,the emergence and the development course of illegal evidence and illegal evidence exclusion rule are expounded briefly.In the second part,the function of the illegal evidence exclusion system is explained in three levels.It is believed that the illegal evidence exclusion system promotes the realization of the dual value of "punishing crime" and "protecting human rights",promoting the realization of the dual value of "substantive justice" and "procedural justice",effectively safeguarding judicial justice and establishing judicial authority.The third part is the analysis of the illegal exclusion system of the United States,Britain and Germany.The United States and the United Kingdom illegal evidence exclusion system is to distinguish between "evidence of illegal words","illegal physical evidence","poisonous fruit" three levels of elaboration.German illegal evidence exclusion system,mainly refers to the "evidence prohibition" theory.The fourth part is a serious review of our country's illegal evidence exclusion system.The exclusion of illegal evidence from the relevant system is divided into three levels,namely,"the provisions of the Party Central Committee","the Constitution on the basic rights of citizens of the terms" and "criminal procedure law and the judicial interpretation".The development process of the illegal evidence exclusion system is divided into four stages.Select the typical cases of social concern in recent years,and elaborate their role in promoting the development of illegal evidence exclusion system.In the fifth part,the author analyzes the weak links of the current illegal evidence exclusion system from the perspectives of law enforcement idea,scope of evidence,exclusion criteria,the effect of poisonous trees' fruit,and application of procedures.In the sixth part,the author puts forward the concrete conception of perfecting the system of criminal illegal evidence exclusion in China from the aspects of system function,scope of evidence,exclusion criteria,evaluation of effect of poisonous trees' fruit,legitimacy examination of evidence and perfect procedure.