An Empirical Study On The Exclusionary Rules Of Illegal Evidence For Procuratorial Organs

In 2010, the publishment of the provisions of the issues on the criminal case about the illegal evidence exclusion rules(hereinafter referred to as the illegal evidence exclusion rules) marked that the illegal evidence exclusion rule established in our country. The rules defined the intension and extension of the illegal evidence in our country. In 2013, the newly published criminal procedural law and the widely rules of illegal evidence exclusion made more detailed provisionsThe law and judicial interpretation above establish the dominant position of the prosecution in the application of the exclusionary rule, clear responsibilities of prosecutors and procedures applicable to the exclusionary rule. Through empirical research we can find, the evidence of illegal discharge rules applied by prosecution benefit the protection of human rights, safeguard judicial justice. But there are still many defects, such as lack of appropriate standards and supporting measures, failed to carry out the exclusionary rule, monitoring and disciplinary system of the law review staff imperfect. Reform in the future should be based on the concept of protection of human rights, in order to solve specific application problems, for the focus to standardize the People’s Procuratorate of internal oversight, as a breakthrough for the prosecution of illegal evidence exclusion applies specific rules to be perfect.