On The Problems And Perfection In The Application Of The Exclusion Rules Of Illegal Evidence In Criminal Proceedings In China

With the current reform of the system focusing on judicial centralism in China,we should give full play to the role of the rule of exclusion of illegal evidence to safeguard the authority of the rule of law.However,as one of the most controversial evidence rules in criminal evidence,there must be problems in the practical application of criminal evidence.Therefore,its perfection must adapt to the practice of rule of law in contemporary society.This article is divided into five parts,according to the shallow In-depth train of thought to carry out the analysis:part one,through the summary of part of the literature review,summarize the specific concepts of illegal evidence,Then it briefly introduces the basic concepts of the exclusion rule of illegal evidence and its value embodiment.It defines the concept from the broad sense and the narrow sense,and analyzes the important value of the rule of excluding illegal evidence.The concrete structure of the following article has done the important groundwork.In the second part,the author summarizes the extraterritorial experience of the exclusionary rule of illegal evidence in criminal proceedings.This paper analyzes the experience and advantages of the rule of exclusion of illegal evidence in the typical countries of Anglo-American law system and the typical country of civil law system in order to get some suggestions which can be used for reference in our country.The third part analyzes the legislative situation of the rule of excluding illegal evidence in our country,and analyzes the legal problems it faces.Through the analysis of the application of the current rule of the exclusion of illegal evidence,the legal provisions related to the rule of exclusion of illegal evidence are organized,and the main obstacles faced by the rule in practice are deeply explored.It is divided into three aspects,one is the grasp of the concept,the other is the judicial problem.Third,the problem of consciousness.The fourth part is to explore why the exclusionary rules of illegal evidence in our country produce these problems in practice.Through the investigation and study of this rule,the author enumerates the legislation,the judiciary,and the matching system.The system,the idea consciousness and so on several aspects of reason.A comprehensive analysis of these practical problems faced by our country in the judicial can be seen that the evolution of the rule of excluding illegal evidence is a long way to go.The fifth part is about how to perfect the rule of excluding illegal evidence.This part synthesizes the cause of formation of the above analysis,assists the foreign relevant system with the reference,proposes to pass the perfect legislation,guarantees the judicature,standardizes the investigation,and carries on the further promotion to the judicial personnel and the social masses' legal consciousness state,It is necessary to establish and perfect the relevant punishment mechanism,and to perfect the relevant system to cooperate with the rule of exclusion of illegal evidence.To play a better role.On the other hand,this paper summarizes and summarizes the application of the rule of exclusion of illegal evidence.This paper expounds the significance of perfecting the rule of excluding illegal evidence and its importance to the reform of China's litigation system.