Excluding Illegally Obtained Evidence Exception To The Rule

Illegal Evidence Exclusion Rule is an important rule in the Evidence System. As the protection of human rights in criminal proceedings becomes more and more popular, this rule has been increasingly recognized and adopted by many countries. China began its academic researches on Illegal Evidence Exclusion Rule since the end of 20th century, and it has so far generated a great number of academic outcomes. Nowadays, it is a hot discussion topic that which model China should adopt to build its own Illegal Evidence Exclusion Rule. Currently, the representative points of view include: a) No Exclusion, which claims that the behaviors of illegally evidence collection should be dealt with given the circumstances of the perpetration, but the evidence from illegal collection can still be used; b) Categorical Exclusion, which claims that the evidence collected illegally should be divided into three categories: evidence violating the constitution, evidence in general, and technically illegal evidence, and they should be treated, respectively, with "absolutely excluded", "excluded by the judge's discretion", and "generally no exclusion"; c) Exclusion by Discrimination, which claims that the words evidence collected illegally cannot be used as the basis for a final decision by the court while physical evidence collected illegally can be used as the basis for a final decision by the court based on conditions of illegal behaviors and the circumstances of the case; d) Exclusion with Exception, which claims that the evidence collected illegally should not be used in principal, but with some exceptions based on circumstances.The author in general agrees with the point of view of "Exclusion with Exception" because it is an important component of the Rule of Eliminating Illegal Evidence. Due to lack of researches on this topic by Chinese scholars, the author tries to analyze the Rule of Eliminating Illegal Evidence, to enrich the evidence theory, and to provide additional theoretical base for further study. Finally, the paper analyzes the pro and con of the model of Exclusion with Exception and its practices in China, and to provide references for China to adopt the rule's structure.From the origin and evolvement of the Rule of Eliminating Illegal Evidence and its practice in the United States, and by using literature search, comparative study and other methods, this paper overviews and analyzes the Rule of Eliminating Illegal Evidence, reveals its existing conditions and problems, and provides suggestions for China to establish its own Rule of Eliminating Illegal Evidence. The entire paper comprises of three sections:Section 1 Summary, concepts and values of the Rule of Eliminating Illegal Evidence.Section 2 Overview and introduction of the Rule of Eliminating Illegal Evidence. Through literature reviews, the paper summarizes and categorizes the existing Rule of Eliminating Illegal Evidence, conducts individual case study, and evaluates its evolvement and maturation.Section 3 In junction with China's realities, the paper discusses the feasibility of establishing the Rule of Eliminating Illegal Evidence in China, and concludes the feasibility of adopting "Exclusion with Exceptions" model. Upon that, the paper continues to discuss the potential cases of exceptions in China.