Criminal illegal evidence exclusion rule
|Keywords||Illegal evidence Exclusion rules Institution building|
Illegal evidence exclusion rule is an important part of the system of criminal evidence , major national legislation as well as the relevant United Nations conventions confirmed the rules to some extent . Although the countries of the world have different requirements , but some universal values ??implied by the rule , such as the protection of human rights , procedural justice , has been widely recognized in all countries . In China as soon as possible to establish a more complete illegal evidence exclusion rules , not just in order to conform to the trend of the world , is to build a socialist country under the rule of law to create the necessary institutional conditions . This paper is divided into four parts , and is structured as follows : The first chapter is divided into two parts . The first part of the concept of illegal evidence and illegal evidence exclusion rules were defined in order to provide for the subsequent chapters discuss the premise ; second part discusses the value base of the rule is to protect the concept of human rights , to limit public power concept and procedural justice philosophy. The second chapter is mainly related legislation and judicial practice of the two legal systems were investigated . The first part of the selected two representatives of countries of the Anglo-American legal systems of the United Kingdom and the United States , which is the most detailed to the rules of the birthplace of the U.S. introduction . The second part of the representatives of the civil law countries , Germany and Japan were investigated . The first part of the third chapter visits from a constitutional and procedural law , judicial interpretation of the three levels of legislative and judicial status quo on the rules . The second part that of establishing the rules faced three major obstacles that attitudinal barriers , obstacles on the judicial system , as well as evidence of institutional barriers . Chapter IV discusses the construction of illegal evidence exclusion rules , mainly includes three aspects: Mindset Perfection of Legislation and supporting institution building .