Theory Of Proof Of Illegal Evidence

Evidence plays a vital role in litigations, which usually decides the verdict of a trial. Lawful evidence is the premise of an impartial judgment. Establishing and perfecting the Rule of Excluding Illegal Evidence holds great significance in the maintenance of justice, as well as in the protection of human rights. In recent years, illegal evidence draws more and more attention, so China continues to strengthen and improve the legislation in this field. The Supreme People’s Procuratorate, the Supreme Judicial Court,the Ministry of Public Security,the Ministry of Justice, and the Ministry of State Security Jointly promulgated two rules relating illegal evidence in2010. In early2012, the Criminal Procedure Law Amendment was also enacted. Therefore the study into the proof of the illegal evidence has important and practical significance.The proof of the evidence mainly refers to who shall bear the burden of proof when the defendant advocated the prosecutor’s evidence is illegally acquired. The thesis analyses the basic system of the illegal evidence proved, the exclude program. Base on our country’s legislation and practice, it finally comes up with a few suggestions in improving the illegal evidence exclusion procedure. The articles is structurally arranged as follows.Chapter1expounds the concept of illegal evidence, manifestations and the value of proving the illegal evidence. In the view of our current legislation, the writer thought illegal evidence should be taken narrowly construed as those violate laws and the defendant’s legal rights. Illegal evidence includes illegal oral evidence, illegal physical evidence and derivative evidence. It is important to prove illegal evidence, and it is conducive to the protection of citizens’constitutional rights, the interests of justice, and the efficiency of the proceedings.Chapter2analyze the basic system of illegal evidence, including proof responsibility of illegal evidence and the proof standards of illegal evidence,the defendants should bear the burden of forming suspicious points, and should achieve the reasonable doubt standard, the prosecutors should bear the burden of proof beyond a reasonable doubt, which should reach the "reliable and sufficient" standard.Chapter3analyzes the illegal evidence exclusion program, including start, review, processing, and the relief procedure. Chapter4analyze China’s legislation in illegal evidence, and summarizes the characteristics and shortcomings of China’s legislation in this regard. Legal sources about exclusion of illegal evidence in China include Constitution of the People’s Republic of China, Criminal Law, Criminal Procedure Law and Criminal Procedure Law Amendment, judicial interpretation, and the eliminating illegal evidence rule, it also discusses China’s legislation stresses in illegal oral evidence, the neglect of the exclusion of illegal physical evidence which are not clearly defined, in some important aspect.Chapter5offers some suggestions to prove the improvement of the illegal evidence exclusion rule, Such as expanding the scope of the illegal evidences,establishing the legal-supporting system, such as establishing the right to remain silence for the suspects, and improve the security system of the right to counsel.At the end of the thesis we come to a conclusion that with the continuous construction of the rule of law in China, the growing awareness of civil rights litigation system, with in-depth studies of the illegal evidence exclusion rules, such rules will play a greater role in the protection of human rights in China.