Research On The Exclusion Rules Of Illegal Physical Evidence

The exclusionary rule of illegal physical evidence is a system to review and exclude the physical evidence obtained in violation of legal rules.The elimination of illegal physical evidence reflects the fairness and justice of the procedure.The exclusion of illegal physical evidence restricts the collection of evidence by criminal prosecution organs.That is to say,relevant physical evidence must be collected in accordance with the provisions of the law.By excluding some substandard physical evidence,we can avoid the unjust,false and wrong cases in the trial.Compared with the exclusionary rule of illegal verbal evidence,the exclusionary rule of illegal physical evidence is relatively backward in theoretical research and is not valued in practical operation,which hinders the function of the rule.The purpose of this paper is to explore the perfect path of the exclusionary rule of illegal physical evidence,which is beneficial to the construction of criminal evidence rule system in China.In addition to the preface and conclusion,this paper is divided into four parts:The first part is the normative analysis of the exclusionary rules of illegal physical evidence.The exclusionary rule of illegal evidence is stipulated in the criminal procedure law,relevant judicial interpretation and normative documents.It consists of three aspects: exclusionary scope,exclusionary conditions and exclusionary procedures.Its function is to protect the property rights of the accused and correct the concept of "valuing entity and neglecting procedure".The second part is the investigation of the relevant systems outside China.This paper mainly introduces the exclusion rules of illegal physical evidence in the fourth amendment of the U.S.Constitution and the evidence prohibition system in Germany,and summarizes the Enlightenment of the above system to improve the exclusion rules of illegal physical evidence in China.The third part is the analysis of the judicial status and causes of the exclusionary provisions of illegal physical evidence in China.In the judicial practice,the exclusionary rule of illegal physical evidence has the features of low applicability,low exclusionary rate,and insufficient reasoning of judicial documents on whether to exclude or not.There are four reasons for the analysis: first,the concept of excluding illegal physical evidence has not yet formed;second,the scope of exclusion is limited;third,the exclusion procedure needs to be improved;fourth,the way of correction and reasonable explanation is unclear.The fourth part,the suggestion of improving the exclusionary rule of illegal physical evidence in China.Including expanding the scope of exclusion;improving the procedure of exclusion of illegal evidence,putting the investigation procedure of exclusion of illegal evidence in front of the pre court meeting,refining the consideration factors of "seriously affecting judicial justice";establishing the rules of correction and reasonable interpretation;improving the relevant supporting systems of investigators' testimony in court,evidence disclosure,etc.