The Research On The Rules And Problems Of Exclusion Of Illegal Evidence Investigation Stage

This paper is mainly through the study of the exclusionary rule of illegallyobtained evidence in the investigation stage, implementation and puts forward somerules of excluding illegal evidence for the design of Chinese characteristics. Startingfrom the exclusionary rules of illegal evidence of broad sense and narrow sense twokinds of basic concepts, basic attitude of the author that, starting from theexclusionary rule of illegal evidence, to explore the characteristics of the presentjudicial philosophy, judicial tradition, judicial practice, demonstrates the reasonableapplication of the exclusionary rule of illegally obtained evidence in investigationstage and significance, focusing on the investigation stage application of theexclusionary rule of the difficulties and obstacles encountered are discussed, and tryfrom the concept of the rule of law, legislation, system construction, operationmechanism and other aspects of solving the difficulties encountered and hinder theway and some specific measures. This article from the introduction to the conclusion,with a total of six parts, as follows:The introduction part briefly introduces the legislative background of theinvestigation stage to discuss application of the exclusionary rule, as well as therelated research situation, research significance and research methods, and the fulltext of the summary.The first part is mainly an overview of illegal evidence and the exclusionary rule of illegal evidence. This part is mainly composed of two sections: the first section isthe investigation to the two kind of generalized and narrow concept of the illegalevidence, and timely shows the author’s attitude; the second section is the inspectionof the two aspects of illegal evidence evidence qualification and ability two, therebyeliminating illegal evidence rules as following the legislation of our country scholardiscussion and practice of legislation to pave the way.The second part is mainly to the adoption of the illegal evidence rule in ourcountry to establish the background, academic origin, legislative history of judicialpractice, review and sum up. The rule is traditionally used in trial two existing judicialpattern and action pattern analysis of illegal evidence, then, for collecting evidence oftorture to extract confessions, the naive view of justice, the Chinese traditionaljudicial idea, international law, the five aspects of the illegal evidence exclusion rulebasic principle to demonstrate the investigation stage of application of theexclusionary rule of the necessity, rationality and its significance.The third part is the analysis of the investigation stage application of illegalevidence exclusion rules. In the paper, this part mainly through analysis of thelegislative level, culture and the reality, the right of investigation of four aspects ofinternal supervision system, supervision of investigation, points out the shortcomingsand defects of the existing, to how to perfect the investigation stage of application ofthe exclusionary rule tree good target.The fourth part is the exclusive rule of illegal evidence of Chinese characteristics,mainly is the specific imaging investigation stage application of illegal evidenceexclusion rules. This part is the focus of this paper, systematically from creation level,system level, the level of protection to improve and build. Including the improvementof legislation, the right of investigation, the internal supervision system of theprosecutor-police relationship improvement etc..