Research On The Exclusionary Question Of Illegal Evidence In Review Arrested Stage

In our country,the procuratorial organs in review arrest and prosecution stagehave ruled out the responsibilities of the illegal evidence. The procuratorial organs inreview arrested stage excluding illegal evidence, not only help to improve quality,ensure arrest case of suspects rights, but also to help lead the investigation organforensics, ensure the legitimacy of the evidence, for prosecution and judgment to lay asolid foundation. However, the theory and practice have lack of attention and researchabout the question of eliminating illegal evidence in review arrested stage.Startingfrom the judicial practice in China, this article discusses the procuratorial organs ruleout the illegal evidence in review arrested stage is very important and viable,and theprocuratorial organs how to excluding the illegal evidence in review arrested stage.Bsides introduction and ending the part, the text is divided into four main parts, atotal of more than four thousand characters.The first part is discussed about the procuratorial organs should be the mainsubject in excluding the illegal evidence. In the western developed countries, court isthe only subject in excluding the illegal evidence, but in our country, court, theprocuratorial organs shall be entitled to exclude illegal evidence, but the procuratorialorgans as the main subject may be more important. In addition to the provisions of law,our country′s constitution rule the procuratorial organs as a national legal supervisionorgans, and prosecutors must perform the orientation of the objective neutralobligation, making the procuratorial organs excluding illegal evidence has the legalbasis.the procuratorial organs has not more poor than courts in neutrality, and as themain body, it can solve the dilemma that courts rule out the illegal evidence will affectjudges heart, with the reality of rationality.The second part analyze the reasons of excluding the illegal evidence in reviewarrested stage mainly.The illegal evidence forms investigation phase, theresponsibility of excluding the illegal evidence has happened in review arrested stage,review prosecution stage and trial stage. courts ruled out the illegal evidence in judge stage have not only many difficulties in obtain evidence, but also judge′smoral conviction will be affected, it is difficult to achieve the purpose of excludingillegal evidence.Although the procuratorial organs may be avoid the dilemma ofcourts in review prosecution stage, current evaluation mechanism requires theapproval of the procuratorial organs to arrest case to make a decision to sue, theprocuratorial organs excluding illegal evidence at this stage will incur negativeConsequences, so the procuratorial organs have always not rule out the illegalevidence in this stage. the procuratorial organs exclude the illegal evidence in reviewarrested stage, not only guarantee the quality of arrested cases, to lay a solidfoundation about prosecution and trial, but also contribute to curb illegal obtainevidence timely, prevent and reduce obtain evidence illegal in the future, it can obtaina better effect than prosecution and the trial stage.The third part analyzes the present problem and reason of the procuratorialorgans exclude the illegal evidence in review arrested stage. Becaues the procuratorialorgans focus on attacking crime inwardly, don′t realize the important responsibility ofarrest, and review arrested mechanis has shortage itself, Investigation supervisionfunction performance does not reach the designated position and have no the specificexcluding procedures, making the procuratorial organs have many problem in theillegal evidence′s exclusion range, found ways, proof responsibility, exclude modeand effect in the review arrested stage, the judicial practice basically failed to achievethe elimination of the illegal evidence.The fourth part discusses the procuratorial organs in review how to really realizeexcluding the illegal evidence. The procuratorial organs should try hard to advancethe legitimation reform of review arrested mechanis, must be have correctunderstanding, clear and definite itself′s judge role, assume the responsibility of theinvestigation supervision,and to give full play to the criminal suspect and his lawyer,making review arrested mechanis really realize three party structure. The procuratorialorgans should be strengthen the review of the illegal evidence, clear the connotationof the illegal evidence and scope,enhance the effectiveness of the illegal evidenceelimination,meanwhile, reference the procedure of courts, constructing the specificprocedure of excluding the illegal evidence in review arrested stage, making illegalevidence rule implemented in review arrested stage.