Research On The Exclusionary Rule Governing The Confession Obtained By Atypical Illegal Methods

Legal provisions of China suggest the deliberately vague attitude about the legality of the collection method of atypical illegal confession so that the judge lacks the direct basis of judicial verdicts in practice.This current situation embodies the bias to interests of interrogation so that the confession obtained by the atypical illegal method has not been truly regarded as the object of deliberation and discretion,which leads to the difficulty to exclude the confession obtained by the atypical illegal method in judicial practice,and reflects the misunderstanding about being indifferent to human right protection that only connecting with the trustworthiness and reliability can the confession be accepted.Therefore,more attention should be paid on the freedom of suspected offenders' and defendants' will.By rethinking important values behind the principle of voluntary confession and reviewing the western countries' exclusion experiences of the confession obtained by the atypical illegal method based on the principle of voluntary confession,the essentiality and feasibility of the human right standard which is guided by the "voluntariness" to exclude the confession obtained by the atypical illegal method can be confirmed.By sorting out the concrete forms and characteristics of atypical illegal methods of confession collection in China's practice to explore and analyze the limit which materially affects the principle of voluntary confession,and analyzing the current situation of the exclusion of the confession obtained by atypical illegal methods,the basic framework of the exclusionary rule of the confession obtained by the atypical illegal method can be established,i.e.the legislation needs to establish the principle of voluntary confession,and the basic operational steps of the exclusion of the confession obtained by the atypical illegal method are needed to be structured in judicial practice.Meanwhile,reviewing the court's responses to such kind of exclusion request of illegally obtained evidence in related cases to analyze the causes of this problem.Then,the two fundamental problems in applying the exclusionary rule governing the confession obtained by the atypical illegal method can be pointed out,i.e.the juxtaposition of procedural judgment and substantive judgment is needed to be affirmed,and the principle of free proof can be followed by the defense.