Investigation Report On The Operation Of Illegal Portage Exclusion Rules In N Province

There are four components and the introduction of this thesis.The introduction of the concept of illegal confessions and the current laws against illegal confession exclusion rule defines connotation. In the perspective of the law, highlighting the process of change in the rules to exclude illegal confessions importance in today’s justice system. This paper describes the research object and method.The first part of the way first collected through questionnaires moment N provincial criminal trial testimony to exclude illegal use case rules questionnaire covering six questions from the start, the investigation, identified three areas of illegal confessions show the status of implementation of specific exclusionary rule; Secondly, the use of real case to reflect the exclusion of illegal confessions rule in specific cases encountered in one of; third, the author of the relevant legal persons interviewed, who set including judges, prosecutors and lawyers. Information gathered during epitomized investigators handling the case of illegal confessions, problems encountered and the perfect recommendations. Finally, a brief summary of three ways to collect information reflects the similarities and differences. This chapter describes only an objective of the status quo, without making value evaluation.The second part of the province of illegal confessions to N actual operation of the exclusionary rule is based on assumed to exclude illegal confessions "four noes" real problem rules, namely: Illegal Confession exclusionary rule does not work, do not use, do not want to use, not use. It is the existence of these problems, the implementation of the rules to exclude illegal confessions situation is not optimistic, from the spirit of the legislation of the Criminal Procedure Code, requiring very far.The third part of the layers of review from the investigation of the case, prosecution, trial and defense sectors in four areas, in-depth look illegal confession exclusion rule causes practical problems. Multi-angle, each subject to the full range of scanning operation practice of the rule, and then analyze the reasons for the rule presents problems. First, there are aspects of the investigation poor investigation, investigators awareness is not strong and other issues, eager to solve the case, meritorious eager possibility of illegal confessions maximum; Second, prosecutors supervise the smooth flow of soft making illegal statements until it becomes part of the trial verdict basis; Third, the trial of relief as the last one off the right, in the application of the exclusionary rule illegal confession plays a vital role, but in reality, the trial "skimming" illegal confessions review resulted in a mere formality, illegal confessions Debu to deserve exclusion; Fourth, criminal defense, the defendant appeared educational level is not high, worried about aggravating and lawyers defender late intervention cases, less so on the functioning of objective and subjective reasons also makes it difficult to obtain confessions illegally excluded. Combination of various factors that contribute to illegal confessions difficult to really face difficulties exclusionary rule applies.The fourth part of the exclusionary rule to improve the proposal. To do establish procedural right to appeal restriction mechanism, enhance the ability of the defense burden to deal with, "no matter"; should change, "confession king" concept, and strengthen awareness program to deal with "do not use"; proposal will hear confessions included illegal evaluation mechanism, combined with the use of prosecutorial supervision rules to jointly deal with "do not want to use"; to court as the center, the judge in charge of the implementation of the system response to "dare to use." For four issues, More measures imultaneously, urged illegal confessions exclusionary rule to play its due role in the N provincial criminal justice.