Illegal evidence elimination rule is developed by the U.S.and perfecting gradually accepted by other countries,is not gather evidence rules of the rules,as an important part of the law has important value and society value.As human rights,rule of law idea of procedural justice,etc,eliminating illegal evidence rules to the procedural justice and protection of citizens' rights,especially the value of constitutional rights in many countries,and established the developed countries of the criminal litigation law of a table.In China and abroad,for illegal evidence than denial and behavior from related criminal legislation and judicial interpretations,to a certain extent,but due to the exclusion of the illegal evidence only,and no prohibitions,corresponding to the sanctions are specific standard judicial practice.In recent years,with the SheXiangLin,etc ZhaoZuoHai crime have grievance,encroach citizen,legal authority illegal evidence of legal rights has aroused wide attention from all walks of life,not only damage the image of judicial organs and people more severely weakened against judicial justice,the legal authority.Therefore,the society from all walks of life to modify the points with the reality of China,perfecting the illegal evidence elimination rule should be put on agenda.
In this context,the author of the criminal through domestic and foreign scholars of the illegal evidence elimination rule in abroad,system and practice experience,on the basis of the concept of illegal evidence elimination rules applicable range and value are analyzed and thinking,and from the perspective of positivism and of our country's legal system is analyzed and studied in judicial practice.At the same time,to perfect our country's illegal evidence elimination rule and establish related system puts forward several Suggestions.