Theory Of Illegal Evidence Elimination Rule Applied To Study The Problem

Illegal evidence rule is the current criminal evidence legislation, a hotspot in judicial practice, how to apply has become the judicial organs staff concern. In this paper, first, the establishment of the illegal evidence elimination rule of summarizing, eliminating rules of illegal evidence in the dilemma in judicial practice, the article analyzes the problems and eliminating rules of illegal evidence for ideas and countermeasures, perfect the legal supervision function, procuratorial organs are key for investigation phase of legal supervision and examination phase in illegal evidence evacuated.This paper first part introduces the related concepts illegal evidence elimination rule, value and controversy. Evidence based on the facts of the case as a proof, the core issue of the action is. Illegal evidence rule is the procedural justice and substantial justice for the pursuit of truth unified, provides procedural safeguard. On controversial illegal oral evidence rule and illegal physical evidence rule for comparative analysis, our country for illegal oral evidence exclude largely in order to curb the spread of torture, and for illegal physical evidence taken relatively loose exclude provisions, is also considering the needs of fighting crime and physical evidence of objectivity; Clear the way both adopt different ruled out the necessity.In the second part of illegal evidence elimination rule analysis of present situation and problems of judicial practice. The illegal evidence elimination rule in established, due to law enforcement personnel subjectively rejection, related litigation system restriction and investigation supervision difficult to really implemented factors, applicable effect to sell at a discount greatly, implement the effect is not obvious.The third part discuss illegal evidence elimination rule apply ideas and countermeasures problem. From illegal evidence elimination rule view of the necessity of judicial practice, reflected from the judicial organ duties, some Suggestions on the investigation phase should regulate forensics means, the promotion of interrogation phase of synchronous video, acquires innocence active accept supervision other measures. In defence litigation rights, illegal forensic disciplinary system perfect, simultaneously must be in external supervision mechanism, established the perfect from these measures to ensure the implementation of illegal evidence rule.The fourth part is to perfect the procuratorial organs exclude illegal evidence law supervision mechanism. The procuratorial organs should fully exert legal supervision function, strengthen the supervision of litigation activities, especially focusing on investigation phase, and monitor of illegal evidence shall be excluded in examination phase. The procuratorial organs each department also should cooperate closely, actively exercise legal supervision power.