On The Improvement Of Criminal Illegal Evidence Exclusion System

In the field of criminal procedure, the exclusion of illegal evidence is a very important evidence system, but also an important part of the legislation of evidence system. Illegal evidence exclusion rules not only scientific and reasonable to meet the objective needs of the fight against crime, but also embody the basic principles of respect and protection of human rights, safeguard the legitimate interests of the accused, the greatest degree of judicial justice and authority. Although the illegal evidence exclusion rules established for several years in our country, but the effect is not satisfactory as expected. In view of this, based on the existing literature and legislative documents, through the research of the exclusive rule of illegal evidence in our country a series of regulations and institutional aspects, designs the basic framework of the exclusionary rule of illegal evidence and perfect suggestions, hoping to provide theoretical support and reference for the protection of human rights and socialism in China the rule of law construction.This paper consists of a preface and two parts. In the preface part, mainly discusses the two aspects, the first is the background and significance of this topic, the second aspect is the literature review and the status of research at home and abroad. The first part of the body, through the introduction and analysis of the concept of the "Zhao Zuohai case" the introduction of illegal evidence, and the root causes of the "Zhao Zuohai" case, is the illegal evidence in the trial was not to rule out the conclusion. The second part, mainly discusses the basic situation of the exclusionary rules of illegal evidence, including what is, what is the legal basis for the establishment of the exclusionary rule, the rule and significance. The third part, mainly discusses the present situation, the exclusion of illegal evidence in our country the defects and the reasons of the defects. The fourth part, mainly introduces the research situation of two legal systems of evidence exclusion rules and Its Enlightenment to china. The fifth part is the key part of the thesis, is the full text key and key of argument, after analyzing and summarizing the above, on how to make our exclusion rules more perfect gives suggestions, mainly including: the relevant provisions of the legislation; improve and refine the pretrial conference system; perfect lawyer presence right system; improve the illegal collection of evidence, the disciplinary system; establishes the illegal evidence elimination relief system.