On Proof Of The Illegal Evidence In Criminal Procedure

On proof of illegal evidence in criminal procedure, is not only an important theoretical problem of criminal evidence, but also a serious of practical problems, related to the protection of human rights and criminal procedure to realize the value of. Due to differences in the factors, the relevant legislation of States and theory is also not consistent. In China, the negative attitude towards the criminal illegal evidence on legislation, but for criminal illegal evidence to prove that there is no clear provision, theoretical circles have formed a variety of ideas and perspectives.This article is based on Soil of traditional legal culture and the law, refer to the relevant legislation at home and abroad from a comparative law perspective, proposed the establishment of criminal illegal evidence mechanisms supporting. Refer to the law enforcement officers in the investigation in the case of illegal evidence directly using or instigating, implicit, tacit law prohibited methods of obtaining evidence for others. Evidence is used to express or show that. Basic points clearly to the illegal evidence proof objects are evidence of illegal evidence in criminal procedure of the means of illegality. Criminal illegal evidence in criminal suit, is refers to when the evidence legality is in doubt, the main present other evidence of being suspected of evidence is legitimate, if its legitimacy cannot be proved, it may be that the illegal evidence.I think the factors restricting the validity of proof of criminal illegal evidence for three, respectively, for the purpose of criminal proceedings, the legal culture and the crime situation in a country and political factors.Drawing lessons from foreign advanced experiences and practices, in accordance with their national legal and cultural traditions and laws of soil and take full account of the current legal environment, legal resources and factors such as the overall quality of the staff of the judiciary, designed in line with the realities of illegal evidence system in China. The discussion focuses on four aspects, clearly bear the burden of proof of criminal illegal evidence (strengthening the illegal evidence in the prosecution’s burden of proof, to be " a reasonable doubt" level of proof); Secondly, clearly illegal evidence (proof standard of the defendant should achieve "preponderance of the evidence standard" and the burden of proof should be "beyond a reasonable doubt" standard); Again balance the interests of all parties, I believe that proof of illegal evidence in criminal judge of the principal objection of the defendant should be the principal qualification, review qualification and accused party composed of illegal evidence of qualification, also certified program started as principal of application to the principle of the initiative began as an exception to the Court, start time of the certification procedures is that the party applying for the Court of excluding illegally obtained evidence, or on its own initiative started. If it is a party applying for excluding illegal evidence, evidence of the pretrial procedure in any proceedings or court investigation procedures, devoted to a review or hearing of evidence illegally obtained evidence to resolve problem exists or not and whether exclusion of illegally obtained evidence; If the Court on its own initiative to start such a program, it should be made in the court investigation procedures.Also, in criminal illegal evidence proved of relief mechanism area, from in China criminal program of entity start, for existing illegal evidence excluded specification under provisions of article12th, I think for prevent court trial became trivial, and dispersed, United States of " middle appeal" does not for China, made defendant can has conditions of (must has related of evidence support) by Ⅱ trial or retrial program entered relief program.