Discussion on Problems of the Illegal Evidence Exclusion in the New “Criminal Procedural”

The revised Criminal Procedural Law in 2012 firstly regulated the detail exclusion rules systematically so as to cause some basic problems in theory and practice. A correct understanding and accurate application of the elimination rules is related to what illegal evidence is, what standards of the are, when to review the legality of the evidence, how to judge the effectiveness, and how to classify the exclusion, etc. The understanding of these problems is helpful to correctly use the exclusion rules, specify detection behaviors, reduce the wrongs and safeguard human rights.