On The Legislative Perfection Of The Exclusionary Rule Of Illegal Evidence In Criminal Lawsuit

In March 2012, the National People's Congress passed the current criminal procedure law, illegal evidence exclusion rules established in the form of law for the first time. Illegal evidence exclusion rule refers to the evidence obtained by illegal means shall not be used as proof against the criminal suspect or defendant based on facts. Illegal evidence elimination rule is the top priority of criminal procedure, and thus become the difficulty of legal changes. Modified points in the form of legislation for the first time made clear the legal status of the illegal evidence rule, and combined with the judicial practice in China to further enrich and perfect the content of the illegal evidence elimination rule and also formulated the related operating procedures, which accords with the situation of our country is the objective necessity of criminal justice in our country as a result, also conforms to our country the eighteenth big proposed the objective demand of further deepening the reform of the judicial, is the concept of socialist rule of law with Chinese characteristics of the modern characteristic further specific embodiment. The current criminal procedure law stipulates the scope of the illegal evidence exclusion, standards and operating procedures, embodies the evidence system in our country and the international community, also reflected the Chinese legal system for building socialism with Chinese characteristics in the progress of criminal litigation. In this paper, on the basis of the provisions of the current criminal procedure law, based on the related theory of the illegal evidence rule and researches in legislation evolution, and pointed out the current our country judicial practice and legislative example about the illegal evidence elimination rule of the insufficiency, in order from the aspects of legislation for the improvement of the rules of excluding illegal evidence in our country put forward some suggestions.This article is divided into five parts, the content of the opening, namely, the first part of the article as "introduction" of full text, briefly expounds the research background of this article, the research status at home and abroad about the research topic, and this paper mainly uses the research method. The second part is mainly for the development of the later expansion theory foreshadowing, namely "the theoretical basis of illegal evidence elimination rule", the illegal evidence exclusion rules related concept, characteristics and the theory basis of this theory are briefly introduced. The third part of the "rules of excluding illegal evidence in our country the development situation and problems of, the first half of this part is mainly in the form of historical analysis the longitudinal analyses and summarizes the rules of excluding illegal evidence in our country in the development process of China's legislative cases, analyses of the current criminal procedure law about the illegal evidence exclusion rules and related problems are put forward. The fourth part "improve the recommendations of the illegal evidence elimination rule" mentioned in the third part of the problem, mainly from the judicial cognizance standard of illegal evidence, illegal evidence exclusion rule in the defense of the burden of proof responsibility system, standardize, investigators mention illegal evidence exclusion apply for exclusion of illegal evidence time, constructing independent procedure, perfecting the illegal evidence exclusion rules of the corresponding supporting measures and so on six aspects put forward how to further improve and enrich the countermeasures of the illegal evidence elimination rule.