The Two Evidence Provisions Of Eliminating Rules Of Physical Evidence

With the world of criminal illegal evidence exclusion of research, together withour country has some bad effect on society, threaten judicial authority in the case, bythe theoretical circles and practical circles to discuss a wide range of exclusion of theillegally obtained evidence. China’s authorities to immediately set about handlingdeath penalty cases “examining and judging the evidence of” and“on the handling ofexclusion of illegal evidence in criminal cases the provisions of a number of issues”.“Two rules of evidence” issued to “the constitution” the state respects and safeguardshuman rights principle” response, but also by the practice of Criminal MisjudgedCases Arising from the evidence of problems with attention and response. Thephysical evidence exclusion rules of procedure, legal and procedural due attention, asthe judges’ discretion provides standard. Help the investigation, prosecution, trialpersonnel to strengthen the evidence consciousness, thereby guaranteeing humanrights, safeguarding judicial justice. This article specifically related to physicalevidence exclude issues explored.Physical evidence exclusion rules can be divided into three types: one is theoriginal evidence rules. The rules of evidence should be taken as the original, theoriginal, only in special circumstances, only the relative exclusion, the original use ofthe original. Two is the defective evidence to make corrections or reasonableexplanation principle, which mainly involves the flaws of physical evidenceexclusionary rule. Three is the forensics program illegal illegal evidence exclusionconditions and circumstances.Physical evidence exclusion rules mainly lies in: Terminology Relating to defectsis ambiguous, lack of maneuverability; not completely exclude the use of defectiveevidence and the“fruit of the poisonous tree”;“correction” abuse of suspects; a reviewof the evidence and the main body of the trial subjects are coincident, the judge freeheart certificate; procuratorial supervision department of collection and correction ofsupervision strength is insufficient evidence. The cause of these defects is the main reason:“heavy entity, light procedure” in the criminal procedure idea influence;legislative idea existence deviation, legislators tend to“save” and not“exclude"evidence; the lack of judicial resources and the case-handling mechanism, supervisionmechanism is reasonable.To improve the physical evidence exclusion rule system, from three type proceedwith, establish the feasible rules and exceptions, adhere to the exclusion of" fruit ofthe poisonous tree". The procedure shall will review evidence on the subject and thetrial subjects apart, strengthen the procuratorial supervision, establishing theidentification system.