Illegal Evidence Exclusion Rule Research

In recent years,the Zhao zuohai case,exhale case,nie shubin case and a series of unjust cases have not only brought about the progress of the rule of law in our country,but also exposed many problems such as illegal evidence collection,lax supervision of evidence,unclear facts and so on,which led to the loss of judicial credibility in our country.In this situation,people call for fairness and justice,and many problems and abuses in the law enforcement of the judiciary need to be improved,thus revealing the important status of illegal evidence exclusion rule.Illegal evidence refers to the evidence obtained by the staff of the investigation organ through illegal obtaining of evidence during the investigation.The exclusionary rule of illegal evidence means that the evidence obtained by the investigators through illegal means in the process of investigation is not adopted in the process of criminal proceedings,and can not be used as the basis of a court case.In order to ensure social justice,protect procedural justice,protect human rights comprehensively,reduce the occurrence of unjust cases,and realize the trial as the center,the criminal procedure law of 2012 amended the illegal evidence exclusion rule as one of the highlights.although the state is gradually improving its legislation,there are still many problems and puzzles in the specific judicial practice.based on the rules,this paper analyzes the illegal evidence exclusion rules in foreign countries and our country,and points out the applicable plight of the rules in our criminal cases and the countermeasures to solve the related problemsThe full text is divided into five parts:(1)to explore the value and basis of the exclusionary rule of illegal evidence.First of all,from the perspective of the constitution,the exclusionary rule of illegal evidence is not only the accountability system of the constitutional responsibility,but also the relief of the constitutional right.Secondly,from the perspective of procedural law,the exclusionary rule of illegal evidence exists as a sanction system in the procedural system.Finally,from the perspective of evidence law,the exclusionary rule of illegal evidence is to ensure that the evidence has an appropriate probative force.(2)analysis of the exclusionary rules of States.This paper mainly discusses the exclusionary rule of illegal evidence in the representative countries of the anglo-American law system,the United States,Britain and the continental law system.This paper expounds the process of the exclusionary rule of illegal evidence in our country from the process of no to having,from simple to progressive development,perfection and refinement,and describes the history of the development of illegal evidence exclusion rules in China.(3)discuss the scope of the exclusion of illegal evidence.First,the scope of the exclusion of illegal physical evidence such as physical evidence and documentary evidence,including direct exclusion and can be corrected in two cases;The other is the scope of the exclusion of the evidence of illegal verbal evidence,such as the testimony of the criminal suspect,the confession of the accused and the defendant,and the exclusion scope of the various kinds of verbal evidence.(4)pointing out the difficult position of the exclusionary rule of illegal evidence in criminal cases.Although China's legislation on the exclusion of illegal evidence is gradually perfect,but the rules in the application of criminal cases still exist many difficulties.Specifically including the definition of illegal evidence,the difficulty of the defence case,the prosecutor's office to review difficult,the court difficult to remove,the interrogation of synchronous recording difficult,the investigation organs to explain the situation difficult,witnesses to testify in court difficult to wait seven aspects.These problems and difficulties,the judiciary in dealing with illegal evidence in the face of new challenges and requirements.(5)propose the countermeasures to solve the problem of the application of illegal evidence exclusion rule in criminal cases.Aiming at the application puzzledom of illegal evidence exclusion rule in criminal cases,this paper puts forward several measures,such as establishing correct law enforcement idea,perfecting relevant legislation,perfecting relevant system regulations,changing examination methods,and improving the ability construction of judicial organ.