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

In 2012 the new revision of the criminal procedure law of the People’s Republic of China for the first time in the form of legislation to establish the illegal evidence exclusion rule. On the one hand, it is the inevitable choice of China’s socialist rule of law, on the other hand is also criminal lawsuit of our country to push forward the reform of trial centered system value pursuit. Review of evidence is the core of the examination and prosecution work. Illegal evidence exclusion rules is evidence review a weapon, how to correctly, reasonable use of the illegal evidence elimination rule is particularly important. Articles will be selected topic in the application of the illegal evidence exclusion rule in the examination and prosecution stage, hoping to study some adapted to examine Sue procedural rules and feasible Suggestions. Paper is divided into six parts. Begins with the first part in case, through the case study the focus of the controversy lead article topic; The second part expounds the origin and meaning of the illegal evidence exclusion rule, the third part through the comparison analysis method, horizontal contrast the foreign research status of the illegal evidence elimination rule; From two levels in the fourth part analyzes the rules of excluding illegal evidence in our country legislation and its value in the examination and prosecution stage; The fifth part combining case, through the entity definition and program operation, analyses the illegal evidence exclusion in the use of examination and prosecution stage; The sixth part is the paper about how to perfect the application of the illegal evidence exclusion rule in the examination and prosecution stage, from the concept of cultivating to mechanism to establish and strengthen punishment put forward some advice on the feasibility and operational stronger.