Exclusionary Rule of Illegal Evidence in USA ——Theory,Application,Exemption and Thoughts on Chinese Criminal Procedure System
Zhang Jun-fen
Abstract
Zhang Jun-fen
Abstract
The exclusionary rule of illegal evidence conducts as the cornerstone of US criminal procedure system and exerts great influence on the world.However,any rule has its own evolution process without exemption of the exclusionary rule of illegal evidence.China assimilates beneficial experience from the world to establish its own criminal procedure system,including the experience from US.This essay delineates the historical background,philosophical principle,application scope and limitation of this rule in the hope of providing constructive information to Chinese legal academia to create Chinese own criminal procedure system.
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The exclusionary rule of illegal evidence conducts as the cornerstone of US criminal procedure system and exerts great influence on the world.However,any rule has its own evolution process without exemption of the exclusionary rule of illegal evidence.China assimilates beneficial experience from the world to establish its own criminal procedure system,including the experience from US.This essay delineates the historical background,philosophical principle,application scope and limitation of this rule in the hope of providing constructive information to Chinese legal academia to create Chinese own criminal procedure system.
Key concepts: Exclusionary rule, Scope (computer science), Constructive, China, Cornerstone, Law, Law and economics, Political science