The Application Of Illegal Evidence Exclusion In The Review Of The Prosecution Stage

Evidence is the cornerstone of the criminal activities, A review of the evidence and illegal evidence exclusion is identified and the procuratorial organs prosecution core work at the stage of review, The implementation of the two "rules of evidence" and "new" Criminal Procedure Law "established the rule of eliminating illegal evidence system. But the rule of exclusion of illegal evidence in judicial practice especially in the stage of review and prosecution is still facing many difficulties, this paper will be based on the spirit of the legislation of the exclusionary rule of illegal evidence in the criminal procedure law revised, based on the review of prosecution work practice stage, through several related cases and exclusion of illegal evidence exclusion rules, expounds the significance of the prosecution stage in the review of the illegal evidence, problems and solutions facing, is facing problems, according to the exclusion of illegal evidence change ideas, strengthen investigation legalization legislation idea, through judicial interpretation, thinning illegal evidence exclusion rules, making it more maneuverable, increase the empirical research, provide powerful theoretical support for solving related problems. To further clarify the exclusion of illegal evidence in the prosecution stage of the procedural operation mechanism of judicial review, review, purchase and construction for the legality of the investigations, the establishment of the prosecution stage ruled out as the core of the framework for the review proceedings.