The Research Of Before Trial Procuratorial Organs Mechanism Of Illegal Evidence

Before the Provisions on Issues Concerning the Examination andAssessment of Evidence in Death Penalty Cases and the Provisions on IssuesConcerning the Exclusion of Illegal Evidence in Criminal Cases werejointly promulgated, competency of evidence is out of control, anyevidence with legal cover may be used for trial, and even be used ascondemned evidence, thus indulged the illegal evidence. In order to solvethis problem, the Two Provisions stipulated a lot of evidence review rules,2012Criminal procedure law also absorb those rules, but there is nospecific operation regulations of how do Procuratorial organs operatethese rules, even some of the evidence for illegal and flaws are notunified knowledge, there even cases that false exclusion slight defectiveevidence as illegal evidence. The value of the institution is able to bereally implement, not as a suspended in the sky, so this article committedto building and defects of the illegal evidence processing mechanism, sothat the system can truly carry out the relevant evidence. On the otherhand, the law made it clear that the procuratorial organs have theresponsibility to proof the legality of evidence, and the standards ofproof is set as "really, sufficient", if the procuratorial organs can’t prove the relevant evidence is legally acquired, the relevant evidencewill be excluded, and increases the risk of losing public prosecution.In order to deal with such a challenge, ensure the quality, reduce therisk of losing public prosecution, it is necessary to set up the evidenceon illegal and defects of the special processing mechanism.Apart from introduction and conclusion, this article consists of threechapters:Chapter one, analysis the connotation of illegal evidence and slightdefective evidence, discuss about the range of these two kind of evidenceand related provisions.Chapters two, from angle of view, including legal theory and thejudicial practice as the, discuss the necessity and feasibility of theestablish of the illegal and slight defective evidence processingmechanism.Chapters three, this part mainly discuss the procuratorial organs’passive and active prevention to the illegal and slight defective evidence,establish relevant mechanism.