Research On The Elimination Of Illegal Evidence

Since the establishment of the illegal evidence rule in the United States,it has received widespread attention from all over the world.Because of its prominent role in controlling police power and protecting human rights,it has been rapidly adopted by many countries in the world.Since the establishment of the system of illegal evidence exclusion in China,the process of “Exclude illegal evidence” in some cases in judicial practice is not ideal.Some cases have not initiated the “Exclusion of illegal evidence procedures”,or the Exclusion of illegal evidence procedures have gone through the process,and the related supporting systems are also scarce.There are still many problems to be solved in the illegal evidence exclusion system,and there is still a long way to go to form a complete system.Based on the research and analysis of relevant theoretical results,this paper combines the judicial practice of our country to comparatively study the illegal evidence exclusion rules in the United States,and analyzes the current situation of illegal evidence exclusion system in China and the problems encountered in judicial practice.A few suggestions.This paper demonstrates from four aspects: The first part is the legislative status and conceptual analysis.The second part is to give examples and analysis of the problems encountered in judicial practice.The third part makes an investigation and comparative analysis of the illegal evidence exclusion rules in the United States.Through comparative study on the legislation and characteristics of the illegal evidence exclusion rules in the United States,it provides a reference for the construction and improvement of China's Exclude illegal evidence system.The fourth part is the transformation from the investigation centerism to the trial-centered litigation mode,and constructs the Chinese vision of illegal evidence exclusion.It is hoped that through the research and analysis of this paper,it will be helpful to solve the related problems existing in China's current system.