Theory Of The Improvement Of The Scope Of Criminal Illegal Evidence Exclusion

Illegal evidence exclusion rule is for investigators to the ability of the collected evidence of illegal method shall be no rules. The revised criminal procedure law in 2012 to absorb the illegal evidence exclusion rule, both substantive rules, such as out of scope, there is also a procedural rules, such as the burden of proof, the investigation procedure, excluding the range is one of the most important basic problem. The elimination rule for strengthen human rights protection, promote the procedural justice, guard against huge has a very important role. From judicial practice, however, in the implementation of the illegal evidence elimination rule is also facing many problems, especially prominent is out of range of controversial, severely restricts the effective implementation of the exclusion rule. In order to improve the effect of the implementation of the rules, it is necessary to perfect scope of excluding illegal evidence in our country.From the analysis of the concept of illegal evidence, this paper discusses the existing laws and regulations of the illegal evidence exclusion, the problems existing in the range from basic national conditions of China, drawing on the advanced experience of foreign countries, attempts to argue that accords with the practice of China, with Chinese characteristics, embodies the concept of socialist rule of law scope of illegal evidence elimination system, so as to provide a reference for future legislation and judicial practice.