Research On The Exclusionary Rule Of Criminal Illegal Physical Evidence Of Our Country

Evidence is the king of litigation.The perfection of the evidence system is very important to the soundness of a country's legal system,especially involving the freedom of citizens' life in criminal proceedings.In 2012,the illegal evidence exclusion rules were formally established by legislation.However,academia has paid great attention to the speaking evidence which obtained through illegal means such as torture,whereas studies on the physical evidence is not intensive enough.However,there are still many problems to be solved in the legislation and practice of illegal physical evidence.Therefore,this paper takes the rule as the research object.sorting out the current problems,and some suggestions for improving the issues will be put forward.The first part : there is a general introduction to the criminal illegal physical evidence exclusion rules.Based on the concept of illegal physical evidence,this article distinguishes it from illegal speaking evidence and clarifies the research object,and distinguishes the different characteristics between "illegal evidence" and "defective evidence",laying the foundation for the back of analyzing the current situation of the system and putting forward suggestions for improvement.The second part: I analyze the current situation of the exclusion rules in our country,from two aspects of legislation and judicial practice,and focuses on the defects of the existence of the current illegal physical evidence exclusion rules in our country.It points out the necessity of perfecting the legislation.The third part: I have a comparative study of the relative systems of the more mature countries abroad,then after the comparison,mainly analyzes the enlightenment of foreign institutions to improve the rule of illegal physical evidence exclusion in China.The fourth part: based on the second part and third part,combining current practice,some suggestions are put forward to improve the exclusionary rules in the future,mainly from the aspects of forming a explicit guideline of value choice,amending legal provisions and perfecting relevant supporting systems.