The Exclusionary Rule Of Illegally Obtained Evidence In The Prosecution Phase

The provisions promulgated in July2010on the handling of criminal cases to the exclusion of illegal evidence a number of issues "(hereinafter referred to as" illegal evidence exclusion rule ") implemented the provisions of Article Ⅲ gives the procuratorial organs to rule out the duties of the evidence of illegal words. Exclude illegally obtained evidence has a remarkable significance in the prosecution phase, on the one hand, the procuratorial organs illegal exclusionary rule can not only negate the evidence obtained by illegal means of investigation authorities, in order to standardize the behavior of the investigative organs of the investigation; the other hand, to ensure to enter the court, the evidence for conviction and sentencing in terms of form or essence are legitimate; more important is to protect human rights, this is not only an inevitable requirement of the rule of law, but also a strong guarantee to build a harmonious socialist society in China.Although the illegal evidence exclusion rule "stipulates that procuratorial organs have the right to exclude illegal evidence, but did not the relevant provisions of the operating procedures, nor the construction of related systems. To implement the illegal evidence exclusion rule in judicial practice, to effectively play its role of operating procedures is the primary protection. Therefore, review of excluding illegally obtained evidence of the prosecution phase of the system of procedural law is particularly important.The author’s thesis is about the criminal proceedings, procedural content, the main language focus of the paper is not to express an academic research point of view or theory of some academic research to refute and Reconstruction. Author paper content is designed. The main theme of the entire paper, or is to design a new system of content rather than in-depth study of the existing theory. In addition to the author in writing this paper, the use of positivist research methods and a comparison argument. Paper, although the theoretical study, but not the main part of the thesis, but as it leads the program to build the content of the bedding and the theoretical basis for the proposed major focal point or is to build the procedural requirements.In this paper, I will throughout the paper is divided into six parts, illegal evidence and related systems, an overview of the prosecution phase of value analysis exclusion of illegal evidence, extra-territorial provisions of the current judicial practice in the prosecution phase of exclusion of illegal evidence several models, the prosecution phase of the exclusion of illegal evidence Programming related system, perfect.