Rule Of Exclusion Of Illegal Evidence At Trial Stage Applicable Empirical Analysis

Evidence is the core of entire litigation,the basis of factual determination of case,the key to conviction and sentencing,and the bridge between entity and procedure.Therefore,whether the evidence is legal,whether it needs to be excluded,and how to apply the exclusionary rule of illegal evidence are crucial.The exclusionary rule of illegal evidence is an institutional result of the game between punishment of crimes and protection of human rights,which is of great significance for safeguarding human rights and maintaining judicial justice.Besides,the elimination of illegal evidence at the trial stage is more conducive to avoid wrongful conviction.At present,although there are relevant provisions on the legal and judicial interpretation of the exclusionary rule of illegal evidence in China,they are not specifically detailed,leaving a gap between the ideal system and the application in practice.In combination with the basic situation of a court,this thesis takes a province’s past six-year relevant adjudication documents for the implementation of new Criminal Procedural Law as the starting point to conduct an empirical analysis of the difficulties and search for the corresponding causes.The purpose is to put forward measures for the development and improvement of the exclusionary rule of illegal evidence,gradually narrow the contrast between ideal and reality and provide a good institutional environment for the improvement of the exclusionary rule of illegal evidence by refining the content of system,transforming values and improving safeguards.