Research On Legislation Perfection Of Illegal Evidence Exclusion Rule In China

"The criminal procedure law is the Great Charter of the defendant's power".Punishing crime and protecting human rights is the fundamental purpose of China's criminal procedure law.Nowadays,frequent injustice cases in China directly affect the credibility of China's judicature.The main reason for the frequent miscase in our country is that in the judicial practice,most of the judicial practice was "heavy blow,light protection","heavy entity,light procedure",which led to the error of evidence and fact identification.The exclusionary rule of illegal evidence can solve the problem of unjust false cases from the source.The rule of exclusionary rule of illegal evidence originates in the United States of the late nineteenth Century and the early twentieth Century.The rule of exclusionary rule of illegal evidence usually means that the law enforcement personnel and their authorized personnel have infringed the rights of the accused,and the evidence collected can not be used as a rule for the use of evidence that is not conducive to the evidence of the evidence.The improvement of the rule of exclusionary rule of illegal evidence not only reflects the modern rule of law civilization,but also can improve the judicial credibility of the judicial organ and improve the rights of the criminal suspect.This article is divided into four parts,from the shallow to the deep,from the whole to the part of the thinking of the analysis,in which to analyze the problem,find problems,solve the problem as the main research vein.In the first part,it introduces the basic contents of the exclusionary rules of evidence and illegal evidence,which includes what they exclude,and introduces the development of the exclusionary rule of illegal evidence in China so as to explain the subsequent discussion.The second part mainly analyzes the legislative status of the exclusionary rule of illegal evidence in China.By analyzing the exclusionary rule of illegal evidence in China,we find the problem and lay the foundation for the following analysis and suggestions.The third part mainly introduces the regulations on exclusionary rule of illegal evidence in Britain,the United States and Germany.At the same time,the comparative analysis method is used to compare the exclusionary rules of illegal evidence in the three countries and consider the actual situation of our country and put forward some thoughts on the rule of exclusionary rule of illegal evidence in our country.The fourth part,aiming at the problems of the exclusionary rule of illegal evidence in China,puts forward some suggestions for improvement.To this end,the author believes that the "exclusionary rule of illegal evidence" is still a short distance from the road to success.In order to ensure that the system plays the most important role,we must do a good job at the same time.