On The Proof Mechanism Of Illegal Evidence Exclusion

The proof mechanism of illegal evidence exclusion is a kind of procedural proof mechanism, which is different from entity proof mechanism, it does not solve the facts of the crime and punishment, but confirm the legitimacy and effectiveness of a certain or some prosecution evidence proving process. The proof mechanism is focus on that whether there is the fact of inquisition by torture. The core of the proof mechanism is realization of Petitioner right guarantee through the judicial proof, inhibition of investigative procedure illegal and realization of procedural justice. The elements of the illegal evidence exclusion proof mechanism include the main body, the object of proof, the burden of proof, and the standard of proof, the proof procedure and the method of proof. The two proof mechanisms exist in the criminal process together, where has connection and difference same.From the view of the world, the countries who have established the illegal evidence exclusion rules mostly have established that the mechanism of the exclusion of illegal evidence, influenced by the traditional litigation, litigation mode selection, weigh the value and program design factors, in the proof of the mechanism in the start-up phase, review stage and stage of the proof mechanism of relief setting shows different characteristics, burden of proof, standard of proof to prove that the different procedures and remedies.In the illegal evidence removes the starting stage exists the authority to start and in accordance with the application start two modes according to the, ex officio startup without the defense that, in accordance with the start the application case, the defense needs commitment to provide clues and materials of the burden of proof. Taking into account the defense capacity of burden of proof, the defense object of proof and evidence to prove the legality of the responsibility principle of distribution and the defense of the burden of proof reached only cause the judge to question the legitimacy of the evidence degree. Despite the law to reduce bear the burden of proof requirements of the defense, but in practice remains difficult to start, the existing laws and regulations are not perfect, to prove the standard provisions are not clear, poor operation and relevant supporting systems are not perfect, and the defense lawyer help the possibility of a small, poor ability to prove. It should be from the defense effective application and review the judge’s judgment of two aspects of standard solution.Illegal evidence excluded review stage proof mechanism is confirmed and the core of the illegal evidence exclusion, is directly related to the defense of the claim can be achieved, related to the prosecution’s evidence must be excluded. In practical operation, the problem is that the proof mechanism, on the one hand, the standard of proof is not consistent, the illegal evidence exclusion is difficult; on the other hand is to prove that the method is limited, the court proved to form. The reasons for the existing legislation is not perfect, there are also subjective awareness of the lack, as well as the lack of matching system. In order to make the illegal evidence rule out that the essence of the process shall in the legislation of proof standard exclusions apply reasonable doubt unified standards, to avoid double standards applicable confusion; while the implementation of audio and video recordings of the whole system, detention check-up system, investigators out to testify in court system and sent in investigation Department prosecutors, the investigation organ to form the habit of questioning behavior legalization; improve the defence defense enthusiasm and initiative, establishing the public defender system, assure the effective exercise of the right of the defendant.Illegal evidence exclusion problem involves the prosecution evidence evidence ability, influence facts of the case and the referee, in a priority position. Therefore, comprehensive examination of second instance should be illegal evidence exclusion problem as priority review content. A trial of the illegal evidence excluded application and evidence to prove the legality of the ruling, the results were different, makes second instance of the illegal evidence exclusion of appeal or protest against treatment is different based on. The trial court dismissed the defense application is legitimate, apply to the illegal evidence exclusion of the conclusion of the investigation procedure is correct or not, is the object of second instance court review. In the opinion of the court, the conclusion and reason of the exclusion of illegal evidence should be clear.