Research On The Exclusionary Purpose Of Illegal Evidence

The exclusion of illegal evidence is a hot issue in the study of criminal evidence theory and practice in our country.Taking the purpose of exclusion of illegal evidence as the starting point,this paper studies the different purposes of the United States,Britain,Germany,and Japan,and analyzes the influence of different rules on exclusionary rules of different countries.Meanwhile using foreign exclusionary target location,it studies the influencing factors and principles of the selection of exclusionary in China.It improve the exclusionary rule in China by selecting the purpose of exclusion of illegal evidence rationallyThis paper intends to carry out the study from five aspects:Firstly,this paper expounds the purpose of exclusion of illegal evidence,and clarify the definition of the purpose of exclusionary.It studies and analyze the purpose and reason of exclusion of illegal evidence of United States,the United Kingdom,Germany and Japan.It points out the historical process of different countries and the tradition of legal culture have a crucial decisive influence on the choice of purpose for these countries.Secondly,analyzing the influence on making the standard for different purpose,this paper summaries a crucial decisive influence on the choice of purpose in combination with the rules,provisions and judicial practices of the laws of various countries,analyzes purpose and causes of different exclusion of illegal evidence in different countries,and points out that the historical process of different countries and the tradition of legal culture have a crucial decisive influence on the choice of purpose.This paper analyzes the characteristics of the five kinds of common illegal evidence exclusion purposes,including protection of rights,containment of illegality,procedural justice,the rule of law and the discovery of truth.It analyzes the impact of different purpose of illegal evidence.By conducting the research,it is believed that the difference of rules caused by different purposes lies mainly in the way of excluding,that is,to exclude by force or to exclude by discretion.The author compares the rule of different types of purpose from two points of view of legal systemThirdly,this paper introduces and reviews the exclusionary rules of illegal evidence in the current constitution,laws and judicial interpretations in China.It also interprets the Provisions on the strict elimination of illegal evidence in handling criminal cases issued by the Supreme People's court,the Supreme People's Procuratorate,the Ministry of public security,the Ministry of state security and the Ministry of Justice.Also it studies the changes between the legal provisions before and after the introduction.Fourthly,through the discussion of the purpose of excluding illegal evidence in China,this paper points out that the choice of purpose should follow the two principles of national conditions realism and balancing.It analyzes the amorality of four factors which are traditional culture,political system,legal realism and public safety.It points out it should balance the realism and development,punishing crimes and protecting human rights,substantive correctness and procedural justice,individual interest and public interest.Finally,this paper points out the purpose of the exclusion of illegal evidence in our country should be to establish a legal system and safeguard judicial justice;secondly,to protect human rights.Fifthly,this paper discusses the conception of improving the exclusionary rule of illegal evidence through two aspects.Firstly,by improving from the rule itself,it proposes assumption through putting forward idea from the excluded scope,the main body of application,the burden of proof and the standard of proof.Secondly,it is pointed out that the effective operation of the evidence rules also needs the construction of the supporting system of the judicial environment.The author selects three less difficult and most effective aspects of voice recording and video recording system,lawyer plea system,and centralism judgment to put forward some some views.