On The Prevention Of Illegal Evidence

Criminal illegal proofs mean that the content or form of evidences is illegal ,the subject of collecting and providing proofs is illegal , the procedure of collecting proofs is illegal.So ,criminal illegal proofs include five kinds.It is significant for the judicial practice to prevent the criminal illegal proofs.The prevention is necessary for satisfying the standard of criminal practice of the UN.It lives up to the civilized trend of world justice and can enhance the efficiency of criminal suit .At the same time,it also is necessary for ensuring the justice of substance and procedure.The most effective theod of prevention for illegal proofs is to establish series of system.In my opinion,it is the core and key of this problem.At first,scientific constructure of investigation should be taken into account.Currently our country should establish the suit constructure: the judge is the third part who is authoritative and neutral while the investigation organ and the object of investigation are two parties who have disputes in order to supervise the investigation power and make object judges on their disputes. This can prevent the abuse of the power of investigation,and reduce the appearances of illegal proofs effectively from the root. The participation of lawer should be enlarged .It is a kind of guarantee from the outer. Our country should clearify the legal status of lawer. during the investigation,improve the right of reading materials and enpower the lawer with the equal right of collecting proofs to the investigation organ,establish the right of presence of the lawer during the interrogatative stage ,highlight the function and status of preventing illegal proofs of the lawer .Instead of doing less,they can do more.The improvement of questioning the witness in court is an important part for the prevention .Our current court trial has many flaws.In order to overcome the area of error ,we should establish perfect questioning system as possible as quickly so as to guarantee the rate of presence of witness. As for the prevention ,the most key measure...