Study On The Application Of Exclusionary Rule Of Illegally Obtained Physical Evidence

After advancing the reform of the "trial centered" lawsuit system,illegal evidence exclusion procedures were placed in the center of reform.In order to promote the substantiation of the trial,the court can ensure judicial justice in a visible way,two related provisions have been issued to improve the rule of illegal evidence exclusion.Through the study,it can be seen that the rule of illegal evidence exclusion is more perfect,the procedure is more sound,and the protection of rights is strengthened.Especially in the exclusion of illegal words evidence,the classification of torture and the exclusion of repeated confessions are further stipulated.Regrettably,however,the exclusion rules for illegal physical evidence have not improved.To explore the application conditions of the rule of illegal physical evidence exclusion,the criminal procedure law only stipulates in one law,and the judicial interpretation is simply explained by a law.Due to the fuzzy and uncertainty of legislation,combined with the physical evidence is of great value in the identification of the facts of the case.,In the judicial practice,there is a chaotic situation where there is no unity in the identification of the rules for the exclusion of illegal physical evidence.Particularly,the practice of pursuing entity reality and ignoring the guarantee of rights,the practice of eliminating illegal physical evidence by first compensating it is contrary to the spirit of exclusionary rule of illegal physical evidence.This article adopts the method of empirical study and comparative study,three important elements of illegal physical evidence exclusion rule,namely,"collection is non-compliance with legal procedures","may seriously affect the justice" and the elements can be corrected are analyzed in depth.The purpose of this paper is to explain in a reasonable way and perfect the relevant legal rules,in order to in the judicial practice can better applicable rules of excluding illegal physical evidences,more effectively play its proper role.First of all,the first element "is not in conformity with the statutory procedures" should be refers to collect programs and methods are seriously not in conformity with the statutory procedures,illegal collection subject is not a problem of illegal physical evidence exclusion rules to regulate.The illegal procedure must reach a serious level in the background of rules of illegal physical evidence.Secondly,the "may be seriously affect judicial justice" is a subjective factor in the identification of illegal physical evidence.The "judicial justice" in the context of illegal physical evidence rule should refer to procedural justice and human rights protection.In defining whether to achieve the "serious" situation,we should focus on the defendant's basic rights protection,and we should not blindly take into account the reality of the entity and do not care about procedural justice.Therefore,it should be recognized that the physical evidence is illegal and should be excluded in principle when it meets the requirements of "collection is not conformity with legal procedures" and "may seriously affect judicial justice".In the end,the "important element of complement" should not be abused,and not all of them should be allowed to be corrected or given a reasonable explanation."A correction or a reasonable explanation" should be interpreted as a special case such as a correction in an emergency.If it is possible to further prove that a serious violation of the legal procedure is a special case,the evidence shall be recognized,otherwise it is ruled out.In addition,to better achieve the specification purpose of law,forming good legal environment,not only need to perfect the rules of excluding illegal physical evidences,the perfection of investigation procedure is effective measures.Therefore,the law rules of excluding illegal evidences for these three elements is what kind of relationship,this article suggests that the first two elements are equal,can be corrected element is added,it is corresponding special situation how to deal with.When a physical evidence satisfies the first two elements,it shall be deemed to be illegal physical evidence,and the court shall directly exclude it.If the prosecution makes an application,proposed that the illegal physical evidence is collected under the special circumstances of law to allow,and also explains the special circumstances can submit relevant evidence,eliminating illegality,then makes the judge think when there is a have to emergency situation,the judge should give the physical evidence to be reconfirmed.The establishment of illegal physical evidence rule is one of the most important symbols for the strengthening of human rights protection in China's criminal procedure law.It is necessary to further improve the rules of the illegal physical evidence in order to better play the purpose of the establishment of illegal physical evidence exclusion rules,guarantee human rights and achieve judicial justice.