美国非法证据排除规则的历史考察.pdfVIP

Abstract Exclusionary rule first appeared in the United States , which gives the defendant the right to ask the court to exclude illegally obtained evidence , while the law of evidence as evidence of a later rule appeared , her birth and development is closely linked with the struggle for human rights . Since the establishment of the rule so far, has been accepted by most countries in the world , in many countries the judiciary has become an important means of safeguarding individual rights. Exclusionary rule reflects the strong desire of ordinary citizens in the rule of law against the state power to protect their own interests , reflecting the relationship between the government and individuals throughout society. Moreover, the country in 2012 officially changed the Criminal Procedure Law of the Peoples Republic of China , which modify the rule excluding illegally obtained evidence is the most interesting part . Thus, by the American exclusionary rule combing history , helps us better understand and apply this rule . Article is divided into five parts : The first part of the meaning of the U.S. illegal evidence exclusion rules and causes . Currently academic interpretation of illegal evidence exclusion rules vary, fully understand the illegal illegal evidence exclusionary rule based on the author gives his own understanding. Meanwhile, the U.S. exclusionary rule first appeared in the United States , there must not be used at other countries , summed up : historical and cultural reasons, the reasons for the political system , structural causes of action . The second part is the USA, Africa and France established the exclusionary rule . Definitely not form any rules system overnight , there must be a unique development process , the Unite