The Application Of Exclusionary Rule Of Illegal Evidence In Criminal Procedure

The establishment of Exclusionary Rule of Illegal Evidence is an important embodiment of criminal judicature in the protection of human rights and the progress of procedural justice.However,China is a late starter until recently to confirm and establish illegal evidence to exclude trial proceedings at the stage of legislation.To some extent,this trial procedure has achieved some goals in the process of application and realized the legislative purpose of establishing the trial procedure.But,there are still have some practical problems,which could not be solved by legislation.The author concluded a series of conditions and deficiencies in the process of applying the rules in S City in some aspects(such as:The applicable conditions and trends of the year,the applicable conditions of the hearing procedure,the distribution of the starting mode,the distribution of the application grounds,the distribution of charges,the distribution of the methods of proof and the reasons for judging the results of the adjudication and the reasons for the adjudication):First,the application of illegal evidence exclusion for the first time in the second instance procedure has a high proportion;Second,the court applies the illegal evidence to the exclusion of the trial procedure passively.Third,imperfect legislation lead to a great many of application of the illegal evidence to exclude the verbal evidence.Fourth,The form of proof is over single.Fifth,high rate of application and low rate of exclusion are prominent.Based on the application of exclusionary rule of illegally obtained evidence in S City,this essay suggested:We should completed the rule in four aspects in order to application the illegal evidence to exclude trial procedure rule conveniently,which are obligation to disclose,non-reason of the process of starting rights,remedies available and the limitation of judicial discretion.What's more,judicial interpretation to crack the illegal evidence is difficult to define.Through the improvement of the inquisition by torture is defined in the standard and added the "fruit of the poisonous tree" theory to improve the cognizance of the illegal evidence and evidence of legitimacy.By strengthening the proof method of diversity crack proof difficult breaking and debate,the plight of both the burden of the single.In some other supporting system,we should establish a typical case database to guide judicial practice,clear evidence classification review sequence.Also,we could establish the punishment of illegal evidence to assist the exclusionary rule of illegal evidence.