Procuratorial Work And The Illegal Evidence Exclusion Rule

From a philosophical point of view, the "fact" is one of the basic characteristics of its "objective truth." In modern litigation, the doctrine requires evidence-based referee. "The facts of the crime" must be based on identification evidence. Proceedings to prove the use of evidence is essentially a fact that has already occurred inquire awareness activities, and therefore constitute evidence of the awareness campaign cornerstone. Facts constitute a crime must be strict proof manner, "what kind of evidence into the proceedings?" "What kind of evidence can be accepted and adopted by the judiciary?" This series of questions, is now one of the core values of evidence---evidence of eligibility. The 2010 China Supreme People’s Court and China’s Supreme People’s Procuratorate issued two "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, a number of issues" (hereinafter referred to as two "rules of evidence") is China’s judicial system in a meaningful and far-reaching event, its clear from the legal aspects of evidence to establish the qualifications of our criminal forms. With the two "rules of evidence" in the "illegal evidence exclusion rule" clear, and complemented by relevant specific certification procedures, standards of proof and the burden of proof to achieve the exclusion of the real purpose of the prosecution as the statutory supervisory authority should fully serve as a public security organs to guide the role of investigation and evidence collection activities, and take the initiative to form the internal organs play in the investigation and evidence collection system to eliminate illegal activities.The text is divided into three parts, the following elements:The frist part is divided into chaptersⅠandⅡ, the author of "illegal evidence exclusion rule" for a sufficient legal analysis, and thus the "illegal evidence exclusion rule" in the current legal environment in China has a vital role and significance of the detailed presentation.The second part, the author intended in this section from our current status of criminal prosecutions and practical point of view, discusses the work of prosecutors in the use of "illegal evidence exclusion rule" the importance and necessity.The third part is divided into chaptersⅣandⅤ. In this part,I want to work with the actual problems and phenomena found to criminal activity, "the trial center system" principle, prosecutors work to rebuild the relationship between work and reconnaissance. Further more,I want to explore a better way,that prosecutor could play a better function of legal supervision.