The Illegal Evidence Elimination Rule In Our Country

2012 newly revised "Code of Criminal Procedure," the official establishment of the exclusionary rule. Exclusionary rule of evidence is an extremely important institution, it is for justice to protect human rights and promote the program, has a pivotal role. China’s current exclusionary rule just established there are still many problems. For example, operability is not strong, the legislative language is not clear, there is no corresponding relief procedures, evidence derived from detailed provisions have not been like. Since the formal establishment of the exclusionary rule, courts apply the rules of evidence and real evidence the prosecution will be eliminated very few cases, only a handful across the country. I think there are several reasons. The first is the cause of the judicial system, judicial system disorders lead to exclusionary rule unable to move, the judge in this judicial system is not independent of the exercise of its jurisdiction, followed by the value orientation of the criminal proceedings in order--prefer efficiency mode, the real pay more attention to the case found that the results of more importance to the neglect of the program. Then the implementation of the exclusionary rule, investigators are facing multiple pressures. Then a lot of evidence that can be corrected easily lead to evidence of forgery, illegal evidence exclusion too narrow, and finally the concept of the rule of man is far greater than the concept of the rule of law. To this end, China must establish the appropriate system to protect the exclusionary rule applied in judicial practice in.