The Application Of The Rule Of Excluding Illegal Evidence In Our Country

The rule of illegal evidence rule is a rule that is universally accepted by all the countries in the world, but there are great differences in the application of this rule. In 2012 the new criminal procedure law before the amendment, our exclusive rule of illegal evidence although agreed and applied to practice, but the rules are not in the form of law confirmation. In 2012, the new law of criminal procedure formally put the rule of the illegal evidence exclusion from the judicial interpretation to the content of the code. The establishment of this rule system is one of the highlights of the new criminal procedural law, which has filled the blank of our country’s criminal procedure law. But in practice, this rule difficult to apply heavy, illegal evidence is difficult to be ruled out, leading to the occurrence of a large number of miscarriages of justice. This article mainly discusses the application of the rule of excluding illegal evidence in our country. The article is divided into four parts:the first part introduces the related concepts of the exclusionary rule of illegal evidence; the second part, illegal evidence exclusionary rule in China’s legislative situation; in the third part, illegal evidence exclusionary rule in China, the application of the problem, this part mainly from the legislation and practice of analysis of the existing problems. The fourth part, illegal evidence of our country ruled out perfect rules and put forward the related proposal.In this paper, the cases of analysis of illegal evidence of our country rule in legislation and judicial practice exist problems. To solve these problems put forward related suggestions, hope the exclusionary rule of illegal evidence of our country in the legislation have been continuously improved, the judiciary can in practice can do justice law enforcement, and earnestly safeguard the citizen’s rights, use legal means to obtain evidence, make the law more just and equitable.