On The Rule Of Exception For Criminal Illegal Evidence In China

The rule of exception for criminal illegal evidence plays a vital role in protecting hum an rights and maintaining procedural justice in the process of criminal procedure. In China,the rule of exception for criminal illegal evidence was established in the form of law whil e law of criminal procedure was newly revised in 2012. It will improve china’s criminal p rocedure system and play a vital role in protecting human rights. This paper is begin with Zhang Guoxi bribery case, known as “the first case of exception for criminal illegal eviden ce ", illustrate the development of legislation and judicial practice of China’s the rule of ex ception for criminal illegal evidence, And through the theoretical introduction of rule of ex ception for criminal illegal evidence itself and compare it with the exclusionary rule of cri minal illegal evidence of other countries in order to analyze problems of China’s rule of e xception for criminal illegal evidence and the reason for these problems. To resolve the cur rent problems, this paper try to puts forward some suggestions and views to improve the qu ality of the rule of exception for criminal illegal evidence.This paper is divided into five parts, in order to provide some references to perfect our country’s rule of exception for criminal illegal evidence. The first part raises the question, by introducing and commenting on Zhang Guoxi bribery case in Ningbo known as ‘ the first case of exception for criminal illegal evidence ’.Then analyze the current situation of legislation and judicial practice of China’s rule of exception for criminal illegal evidence. The second part tries to define the concept of the rule of exception for criminal illegal evidence, and interpret the value of this rule. The third part tries to interpret the establishment, development and current situation of the rule of exception for criminal illegal evidence, by comparing it with other countries. The fourth part tries to analyze the operating difficulties and practical problems of China’s rule of exception for criminal illegal evidence in order to get the reasons. Facing the existing problems, the fifth part puts forward suggestion to improve our country’s rule of exception for criminal illegal evidence.