Research On Exclusionary Rule Of Criminal Illegal Evidence In Criminal Trials

With the promulgation and implementation of relevant judicial interpretations of the criminal evidence rules of the Supreme People's Court,the application of exclusion of criminal illegal evidence in criminal proceedings has been paid full attention by judicial practice.Prior to this,the theoretical circles had some research on the issue of exclusionary rule of illegal evidence.Professor Chen Rui suggested in his "Procedural Sanctions Theory" that exclusionary rule of illegal evidence is a typical procedure to study the procedural sanctions.His "Comparison of Criminal Procedure Law" gives a systematic introduction to the relevant institution of exclusionary rule of illegal evidence from western countries including the United States and Germany." An Empirical Study on the Illegal Evidence Exclusion Rules " edited by Bian Jianlin and Yang Yuguan,the“Study on China's Exclusionary Rule of Criminal Illegal Evidence”edited by Zuo Ning,and the " The Study on the Proof of Exclusionary Rule of Illegal Evidence"edited by Gao Yong,each makes a special discussion on exclusionary rule of illegal evidence.However,the history of research on exclusionary rule of illegal evidence is short in our country.Despite of the framework regulation by the "Criminal Procedure Law" and several judicial interpretations related to the criminal evidence,many questions on the scope of application,the standard of proof,and the mode of judgement have not been reached an unified understanding by theory and practice.This article summarizes the difficulties and confusions in criminal trial practice by analyzing the research data and case of "the city's trials of cases related to the illegal evidence exclusion rules from July 2010 to July 2014" from the county-level and intermediate courts of the author's city.Based on the the running status of our country's exclusionary rule of illegal evidence in criminal trials,and compared to the framework of China's existing exclusionary rule of illegal evidence,this article also carries out a systematical research on our country's exclusionary rule of illegal evidence through value analysis,empirical analysis and other methods from the following aspects:First of all,by defining the meaning of exclusionary rule of illegal evidence in criminal trial,distinguishing the research field,framing the research scope,and analyzing the value and significance of exclusionary rule of illegal evidence in criminal trial,this article gives an brief introduction to the establishment and development of the system in our country.Then it sums up the running status of exclusionary rule of illegal evidence in criminal trials through a research work in judicial practice,uses the regulatory research method to analyze the framework of exclusionary rule of illegal evidence in China's criminal trials,and comes up with the questions in the operation of the system based on practical trials.Secondly,this article introduces some advanced experiences in western countries on the relevant exclusionary rule of illegal evidence in a general way,and some mature rules and regulations of the United States and Germany.And then analyzes the illumination that advanced experience of exclusionary rule of illegal evidence in foreign criminal brought to us.Thirdly,according to the status quo of legal development,basic litigation system,value concept,legal tradition and rule of law in our country,this article puts forward the value balance reference system of exclusionary rule of illegal evidence and the case guidance system which is applicable to the rules.And it puts forward the specific scope of exclusionary rule of illegal evidence,perfects the proof standard of the rules,standardize the judgement mode and relief mechanism and gives suggestions on the supporting system of the reform under the existing system.