Research On Application Of Illegal Evidence Exclusion Rules

Illegal evidence exclusion rule is one of the most important rules in criminal procedure law,occupying a very important position in criminal proceedings,and has a crucial role in preventing wrongful convictions and maintaining the lawful rights and interests of the criminals.Illegal evidence exclusion rule originated in the United States,and it was gradually recognized and established in most nations of the world according to their own conditions.Although the specific rules vary from each country,they share the same idea that illegally obtained evidence should be excluded to prevent investigators from using illegal methods to obtain evidence.The establishment of this rule has an important role on the protection of human rights and the maintenance of justice.However,China did not establish this rule until later,and laws and related regulations are not perfect,so it has not been effective in the judiciary.This paper aims at improving the application of illegal evidence exclusion rules,giving advice on the perfection of system and regulations to regulate the illegal evidence exclusion procedure from investigation,prosecution,defense,trial and other aspects,preventing wrongful convictions from the source.This paper firstly clarifies the related concepts of illegal evidence exclusion rules,discriminates the concept of illegal evidence and defect evidence,defines the scope of illegal physical and verbal evidence,and clears the responsibility and standard of proving illegal evidence from substantiality and procedure.Secondly,this paper compares the difference of illegal evidence exclusion rule between China and several major developed countries,in order to give us more experience.Finally,by analyzing the status quo and problems of applying illegal evidence exclusion rules in China,this paper proposes suggestions on perfecting the procedural aspects of the rule of exclusion of illegal evidence in the pretrial and trial stages,moreover,this paper puts forward the suggestion of constructing and perfecting the relevant system so as to make up for the lack of legal system in our country.Through the study of this thesis,we can further establish the rules of illegal evidence exclusion procedure.On the basis of the coordination and coordination of multiple departments and departments,we can effectively regulate specific judicial acts and avoid arbitrary judiciary,in order to guarantee the validity of the evidence,thus solving the problems in the application of illegal evidence exclusion rule,promoting the maximum extent within its legal validity.