An Inquiry into the Principle of Excluding Illegal Evidence

In China,illegal evidence only refers to words evidence.However,in criminal proceedings,illegal evidence has great significance on proof of the case fact.There have been debates on what evidence to exclude and how to exclude.In the special linguistic context in China,in order to enact the exclusionary rule for illegal words evidence which accords with the national conditions and structure,the evidence whose collection procedure is illegal should not be used as evidence in chief to accuse the defendants,determine their guilt and weigh the penalty.At the same time a typical exclusionary rule of illegal evidence with exception to the exclusionary rule should be constituted.