Research On The Judicial Application Of The Exclusionary Rule Of Illegal Evidence

The exclusionary rule of illegal evidence is a procedural sanction against illegal evidence collection,such as extorting a confession by torture.It is an effective guarantee to prevent the occurrence of unjust and false cases,maintain judicial fairness,and improve judicial credibility.The purpose of the exclusionary rule of illegal evidence is to limit the abuse of investigative power,to fundamentally curb the occurrence of torture by confession by torture and illegal evidence collection,to protect the legal rights of criminal suspects and defendants according to law,and to protect innocent persons from criminal prosecution.It can ensure that the results of the case are consistent with the impartiality of the entity,and at the same time ensure that the process of handling the case meets the requirements of procedural justice,and achieve a higher level of unity in punishing crimes and protecting human rights.In recent years,the legal provisions on the exclusionary rules of illegal evidence have been further refined and refined after the amendment of the Criminal Procedure Law.However,up to now,there are still a series of problems such as relatively abstract and fuzzy legal provisions,and poor operability.The enthusiasm of the authorities for its application was not high,which resulted in that the rule did not achieve the expected results in the operation of judicial practice.Therefore,for the purpose of considering both substantive justice and procedural justice,it is necessary for us to further study the exclusionary rules of illegal evidence.