Research On Procedure Of Illegal Evidence Exclusion

There is no special procedure of illegal evidence exclusion in our country，andthe provisions on illegal evidence exclusion was only scattered on Code of CriminalProcedure and several provisions in relevant judicial interpretations. Most of theseprovisions have a lower operational because of the principles and ambiguity on itscontent. But The main reason is that the provisions of the exclusionary rule lack theoperational mechanism of procedural. that through the procedural safeguards toprotect the effective implementation of the provisions of illegal evidence.In judicialpractice. It is also because of the shortcomings that many problems arise. For example.the phenomenon of torture have occurred and illegally obtained evidence can not beexcluded from the basis of a decision and so on.which caused great negative impacton the image of our country’s judicial and legal authority."The provision of issues onillegal evidence exclusion in criminal cases" which promulgated this year mademeticulous and operational requirements on the illegal evidence exclusion. Gowithout saying. The promulgation of the procedure of illegal evidence exclusion haveimportant significance: first. it can guarantee the complete exclusion of illegalevidence; second. it can protect the lawful rights of criminal suspects and defendants.witnesses. victims; third. it may promote the improvement of our country’s evidencerules and the process of our country’s legalization. But. have a closer looking atthe "The provision of issues on illegal evidence exclusion in criminal cases". we canfind that there still have many aspects need to be improved. such as the definition of"Illegal Oral Evidence"; the standard definition of "Illegal evidence" is not reasonable;the procedure of illegal evidence exclusion in procuratorial organs; illegal evidenceexclusion of proceedings subject was too narrow;the lack of Illegal Oral Evidenceexclusion procedure of victims. witnesses; the rules of the witnesses to testify at thetrial and so on. In order to bring the value of the illegal evidence exclusion procedureinto full and effective play. we should study China’s national conditions and seriouslydraw on advanced foreign experience and the experience domestic different legaldomains. then we can improve the procedure of illegal evidence exclusion throughthe followingthree aspects: the culture of legal concept. the construction of the illegalevidence exclusion procedure and related systems. Given all the aspects mentionedabove. we can creat a good environment for the full and effective playment on value of illegal evidence exclusion procedure.