Exclude Illegal Oral Evidence Obtained By Torture

Exclusion of illegal oral evidence by confession by torture as the key part of the exclusionary rule of illegal evidence plays an important role in the evidence institution. Compared with foreign countries focusing on the exclusion of physical evidence, our country pays more attention to the exclusion of illegal oral evidence. This reason is that confession by torture is hard to forbidden and lead to some misjudged cases. This article is based on theory and practice of exclusion of illegal oral evidence of our country, making reference to foreign practices and experiences, and how to identify illegal oral evidence by confession by torture as the core contents, and hope to further improve the exclusion of illegal oral evidence by confession by torture. In addition to introduction and conclusion, this article is divided into five chapters:Chapter 1: About basic theory of exclusion of illegal oral evidence by confession by torture. First, the author defined the conception of confession by torture and illegal oral evidence. Second, the author introduces the overview of exclusion of illegal oral evidence: substantial and procedural different perspectives of exclusion of illegal oral evidence; mode and effect of exclusion of illegal oral evidence; the difference illegal oral evidence and illegal physical evidence.Chapter 2: Legislative investigation of exclusion of illegal oral evidence. In the chapter, first, the author introduces legislative status; second, the chapter also discusses relevant provisions of the international convention; third, the author also introduces relevant provisions of Civil-Law System and Common-Law System, and on this basis, makes the comparative study.Chapter 3: Practical analysis of exclusion of illegal oral evidence The chapter mainly involves legislative defects and Practical defects. Legislative defects mainly include three aspects: Limited progress of explanation of condition; investigators serve as a witness at court; not state the right to obtain information.Chapter 4: The core problem of exclusion of illegal oral evidence by confession by torture. This article mainly includes three aspects. Firstly, verification of confession by torture at trial stage: 1.the startup of procedure; 2.preliminary examination and direct investigations of the court; 3.burden of proof; 4.Standard of proof; 5.the appeal procedure. Secondly, verification of confession by torture at approval of arrest stage and stage of review and prosecution: 1. procuratorate and exclusionary rule of illegal evidence; 2. procedural preliminary design of procuratorate. Thirdly, burden of proof of illegal oral evidence: Legislative investigation of foreign legalization; Theoretical exploration of burden of proof of illegal oral evidence; legislation and practice of China.Chapter 5: Study on the related institution of exclusion of illegal oral evidence. The first is judicial health examination system; the second is present right of lawyers; the third is Synchronize audio and video system; the fourth is to perfect detain and interrogation system; the fifth is to perfect disciplinary systems of illegal police conduct.