The Defined Standards of “Illegal Evidence”in the Chinese Criminal Procedure

In the real application of the exclusive rule of criminal illegal evidence,the definition of illegal evidence is certainly the precondition. The illegal evidence is not the generalized illegal evidence which lacks of any legal elements of evidence,but the evidence obtained through serious illegal methods or by the way of infringement of citizens' basic rights. In China,the criminal illegal evidence includes two types of the illegal verbal evidence and the illegal object evidence. Although there are some differences in the actual judgment,the definition of both types of illegal evidence should be around the illegally obtained methods for evidences. Estimating whether the obtained methods violate the provisions of law and the order of severity of violation respectively contributes to defining the scope of the criminal illegal evidences accurately.