Attorney Applicable Studies Of The Exclusionary Rule

The exclusionary rule of evidence in criminal proceedings as an important part of the system, has been adopted by most of the world's criminal legislation and judicial.2012 of the newly revised "Criminal Procedure Law" clearly established system of illegal evidence exclusion, and acknowledged the exclusion of illegal evidence the prosecution link in an important position, but the content of its provisions more abstract, lack of proper operability in practice run difficult. In this paper, the recent widespread attention Huugjilt injustice background, prosecution applicable to illegal evidence be excluded from the system combing two aspects of theory and practice and elaborate, summary prosecution exclusionary rule faced problems and propose feasible countermeasures.The thesis is divided into five parts, the first for wide public concern Huugjilt injustice introduced, and this perspective combing the exclusionary rule embodied in our criminal proceedings, to the exclusionary rule, a comprehensive and detailed to theoretical analysis. In the second part, the article by interpretation of the nature of our country's Procuratorate, the theoretical basis of exclusionary rule and the prosecution of illegal evidence exclusion advantage rule applies three aspects, in order to analyze the prosecution reasonableness of exclusionary rules. The next part is to introduce our prosecutors exclusionary detailed procedural rules under existing laws in China. In the fourth part, the author combines Chinese judicial practice, summed up the current Attorney General of the exclusionary rule applies inadequate, and in which simply analyze the reasons. In the last part of the article, the authors explore the many deficiencies of the fourth part of the summary, it puts forward the corresponding measures to improve.