| Illegal evidence exclusion mainly refers to the investigating authorities of evidence obtained by illegal means to determine the facts of the case can not serve as the basis for the rule in the world has generally established. With the internationalization process, China has acceded to many international conventions, the rule of law began to flourish. The exclusionary rule as a product of the rule of law is also absorbed by the Chinese judiciary. 2010, three two high jointly issued "on the handling of evidence in death penalty cases reviewed to determine the provisions of a number of issues" and "On the exclusion of illegal evidence in criminal cases, the provisions of a number of issues" in the legislative practice of illegal evidence exclusion rule to achieve a breakthrough. Provision has been introduced, but to implement it encountered obstacles. I, as a prosecution practitioner, from the perspective of the prosecution of illegal evidence exclusion rules for the implementation of practical difficulties, and some can learn from the solution.This paper is divided into four parts:The first part is an overview of the rule excluding illegally obtained evidence. The exclusionary rule has its own system of values, including security, freedom, human rights protection and justice, but the rule excluding illegally obtained evidence in the historical development also suffered a lot of questions, these questions may be difficulties in the implementation of the rules of the important reasons.The second part is China's procuratorial organs and illegal evidence exclusion. This section first describes our rules on illegal evidence exclusion status of legislation, and two rules of evidence and made some brief assessment. The prosecution then introduced China's procuratorial organs different from the nature of the Western world, China's prosecutorial power is mainly responsible for legal oversight, the author from the prosecution of specific business functions of the legal proceeding to prove the nature of supervision. This feature starting from the confirmation of the prosecution evidence should be excluded from the main body of our country illegally, and later analysis of China's procuratorial organs as the body excluding illegally obtained evidence can save litigation costs and efficiency of the proceedings, to ensure that the advantages of a fair trial.The third section describes the exclusion of illegal evidence the prosecution branch of physical barriers. This section started in two ways, first, how to determine the illegal prosecution evidence, the second is the exclusion of illegal evidence in the prosecution encountered in the external and internal interference. I think we can introduce the type of strength theory to determine the strength of the review of the evidence illegally, through the rational design of the system to achieve independence of the prosecution, improve the appraisal system to encourage prosecutors dare to rule out prosecution of illegal evidence. Finally, this section from the prosecution of the business and practical, and then discussed how to avoid itself cases to the problem of illegal evidence.The fourth section describes the exclusion of illegal evidence of China's procuratorial organs of the procedural obstacles. Although the two provisions for the prosecution to determine the main body of excluding illegally obtained evidence, but there is no specific program design. I think we can learn from the court to exclude evidence of the illegal program to build the exclusion of illegal evidence in the prosecution process, and design a specific system. These include start-up and initial review process, hearing procedures and other supporting systems design.Illegal evidence exclusion rule barriers in the country suffered most due to the problems of China's whole system, indeed affect the whole body, so although this article suggests a lot, inevitably difficult to implement, require all laws and even the joint efforts of all citizens. |
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