What is the exclusionary rule of illegal evidence? Who will rule it out?

I. Meaning of the exclusionary rule of illegal evidence: The exclusionary rule of illegal evidence is a general term for excluding illegally obtained confessions and evidence obtained by illegal search and seizure, that is, the judicial organ shall not use illegal evidence as evidence for finalizing a case, unless otherwise stipulated by law. Usually refers to the rules that law enforcement agencies and their staff can not adopt in criminal trials by using evidence obtained by illegal acts. "Illegal" refers to illegal acquisition; "Exclusion" means that illegal evidence can not be used as evidence against the defendant in criminal trial, and then it is extended to include judicial acts such as issuing arrest warrants and search warrants without using illegally obtained evidence in pre-trial procedures. The defendant can appeal to the Supreme Court to review the case on the grounds that the court has not excluded illegal evidence.

Second, who will exclude illegal evidence? According to the law, under normal circumstances, the victim in the process of obtaining illegal evidence, that is, the criminal suspect or defendant, has the right to exclude illegal evidence. Provide relevant clues or materials such as personnel, time, place, method and content suspected of illegally obtaining evidence according to law.

In addition, the traditional way is to file a motion before the trial, and the exclusionary rule of illegal evidence applies not only to the trial stage, but also to the investigation stage, the examination and approval of arrest and the examination and prosecution stage.

The scope of illegal evidence includes:

1, evidence materials collected by law enforcement agencies in violation of legal procedures;

2. Exceeding authority or abusing authority to produce or investigate and collect evidence materials;

3, lawyers or parties take illegal means to produce or investigate and collect evidence;

4, law enforcement agencies to illegal evidence materials as clues to investigate and collect other evidence.