Study On Elimination Of Illegal Evidence In Investigation

Exclusion of illegally obtained evidence in investigation is the content of fifty-fourth provision of the Criminal Procedure Law of the people’s of China. From2012 to 2014, the exclusion of illegally obtained evidence in investigation in the relevant judicial interpretations and rules are promulgated.These acts indicate that the exclusion of illegally obtained evidence in investigation has been from the Legislation to implement.Logically speaking, the exclusion of illegally obtained evidence in investigation includes mechanisms for excluding illegally obtained evidence inside and outside the investigation organs. Academic scholars mainly study on the latter, the problem discussed in this paper is also the latter. At present, the difficulty of the exclusion of illegally obtained evidence in investigation is to construct the mechanism of the exclusion of illegally obtained evidence in investigation, and it is based on theory. In addition, how to deal with evidence after exclusion is also an avoidless problem. This article will analyze its problems of the exclusion of illegally obtained evidence in investigation, then relate to the theoretical logic support and legal basis to solve the problems. Finally I put forward to solve the problem of exclusion of illegally obtained in investigation. The article of more than 30000 words is three parts.The first part is the legitimacy of the exclusion of illegally obtained evidence in investigation. It mainly consists of questioning the legitimacy of the exclusion of illegally obtained evidence in investigation, and proving the legitimacy of the exclusion of illegally obtained evidence in investigation from theory of law and the judicial practice of China.The second part is existing problems of exclusion of illegally obtained evidence in investigation. The existing problems include: mechanism of the exclusion of illegally obtained evidence in investigation is not perfect. And reasons of problems are that the people’s ability of the public security and procuratorial organs is uneven,judicial interpretations and rules is too general, the exclusion of illegally obtained evidence is beyond the national conditions.The third part is the ways in solving the problems of exclusion of illegally obtained evidence in investigation, including improving mechanism of exclusion of illegally obtained evidence in investigation, seeking ways to improve the quality of personnel of the exclusion of illegally obtained evidence in investigation, embodiment the period of the exclusion of illegally obtained evidence in investigation, putting forward to suggestions of evidence after exclusion.