On Criminal Illegal Evidence Exclusion Rules Of The System Build

In the criminal lawmaking and judicial practice in China, there has existed the idea of emphasizing the entity, ignoring the procedure for a long time. This idea is related to the lack of the human rights and the thought of procedural justice, becoming the main reason of hindering the modernization of criminal legal system of our country. The lag of the evidence legislation and the vacancy of the exclusionary rule of unlawfully obtained evidence, is intensely manifested the idea. However, under the background of globalization, along with the development of social civilization in our country and people's intense summon of government by law, criminal government by law is imperative. Therefore, as the touchstone of the criminal government by law, the construction of the exclusionary rule of unlawfully obtained evidence has the significantly historical and practical significance in our country.This article studies from the analysis of the concept of the illegal evidence, then researches the value of the exclusionary rule of unlawfully obtained evidence, and carries on the discussion to the insufficient situation of judicial practice in our country. In this foundation, put forward to some proposals in order to establish the reasonable system of the exclusionary rule of unlawfully obtained evidence suiting to our country's national condition. The full text divides into three parts: Firstly, the outline of the exclusionary rule of unlawfully obtained evidence. Study from the concept of illegal evidence, and discuss the theory of the exclusionary rule of unlawfully obtained evidence, then research the value of the exclusionary rule of unlawfully obtained evidence. Secondly, study the present situation and the insufficiency of legislation of the exclusionary rule of unlawfully obtained evidence in our country. Thirdly, discuss the construction of the system of the exclusionary rule of unlawfully obtained evidence. Analyze the theory foundation of the exclusionary rule of unlawfully obtained evidence in our country, and suggest to further consummate legislation, to limit the scope of the exclusionary rule of unlawfully obtained evidence, to establish the procedural system of the exclusionary rule of unlawfully obtained evidence, and to explicitly present the responsibility of the exclusionary rule of unlawfully obtained evidence, then to establish and perfect correlated system, such as the examine of evidence before the court trial, attorney the participation of attorneys in the criminal inquires and so on..