The Improvement Of The Theory Of Illegal Evidence Exclusion Rule

The evidence is the basic measure of a criminal sentencethe judge ruled to give the most clear guidelines for the entire criminal proceedings in a comprehensive review of the basic principles involved in many criminal proceedings, the exclusionary rule applies reasonable or not directly affect the rights of the defendant. China has been adhering to the objective truth of the certification requirements, "the facts-are clear, the evidence is reliable and sufficient" as a legal standard of proof in use today. Due to the exclusionary rule is too general statements, resulting in a lot of differences in the understanding of the judicial practice, to hear the case of inconvenience. Among the sources of evidence and there are legal gaps, for the problem of combining traditional legal concepts, the original exclusionary rule to be perfect for judges to provide a more rational guidance, reduce the incidence of criminal wrong cases, help protect the rights of citizens, Civilization is conducive to litigation process.This article is divided into four parts on the application of the illegal evidence exclusion rule problem to argue, and focuse on the malfeasance. The first chapter introduced the paper selected topic background, research significance and current situation; Through this chapter, I will talk about illegal evidence exclusion rule’s important position in the lawsuit system. I hope that through the reform to promote judicial reform in the system, realize judicial justice, maintaining social stability. I put the theory as a foundation, through the way of empirical research found the problem, and discussing.The second chapter, I simply summarizes the concept of illegal evidence exclusion. I introduced the development process of illegal evidence exclusion; I’m sure the concept of illegal evidence. In our country, illegal evidence rules had principled regulations, but the application of the common law countries is very good and worth to learn.In the third chapter, I put the data as the foundation, discusses the rules of excluding illegal evidence in our country’s problems. I explain the source of the evidence to the people’s procuratorate investigation phase is to obtain ZiZhen department, the disciplinary inspection report, assigned by the parties to provide. According to the data in the practice, I summarized the three main problems, and put forward some suggestions in the fourth chapterIn the fourth chapter, I explained the importance of the illegal evidence exclusion rule in accordance with the applicable. I suggest to perfect the legislation and judicial application. I suggest to review evidence of other units over. I suggest a clear’preliminary investigation" system. At the same time, I suggest to perfect the related system, ensure the effective application of the system.