Study Of Illegal Evidence Exclusion Procedures

Illegal evidence exclusion program is the operational rules about how to excludethe illegal evidence. It is the procedural safeguards of the exclusionary rule. Byresearching the illegal exclusion program home and abroad, we can find out theshortcomings of the illegal exclusion program of our country, and difficulties whichmay encounter in the future. In-depth analyzing for these shortcomings anddifficulties, we can find a solution, so as to provide some suggestions to improve theexclusion of illegal evidence program. The Code of Criminal Procedure of Chinaissued in2012and implemented in2013explicitly provides the exclusion of illegalevidence for the first time, the judicial interpretation and the Supreme People’sProcuratorate’s Criminal procedural rules which issued in the same year, establishedconcrete operating rules. Illegal evidence exclusion program includes four parts:startup program, the legitimacy of evidence exclusion, ruling the illegal evidence andthe relief program.To start the program, our law provides the public security organs, procuratorialorgans, the people’s court and the parties and their counsel, litigation shall be entitledto start excluding illegally obtained evidence. According to our law, although thesubject is very broad, which can improve the efficiency of lawsuit, the owner ofdocumentary evidence and physical evidence have not be included. And that mayinterfere with the playing of real effectiveness. Giving the startup right toprocuratorial organ is Contradiction with the role of accusing party in the court.Compared with foreign legislation, our law on illegal evidence exclusion programmade more lenient provisions on the startup of the illegal exclusion program. Thepreviously mentioned subjects can start the program at investigation stage, decision orapproval of arrest stage, review of prosecution stage and trial stage.Review of the legality of the evidence, the foreign legislation basically providesfor an independent review process, an independent review subject. China’s legislationdoes not distinguish between illegal evidence exclusion procedures and courtproceedings subject, the subject of the review of the evidence legitimacy ofconviction sentencing subject is the same, the two did not isolation, which willinevitably lead to judge the accused More or less contaminated by illegal evidence inthe conviction and sentencing affect the impartiality of its judgments, making illegalevidence exclusion program established the purpose of the protection of human rights can’t be achieved. Therefore, it is necessary to establish an independent eliminate ofthe program in our country, to separate the ruling subject of the illegal evidenceexclusion program and the judge, so as to effectively exclude illegally obtainedevidence and to safeguard judicial justice.About the relief on evidence excluded, the law in our country provides that thepeople’s court of second instance trails the appealing by clients and the protest byPeople’s procuratorate, which Refuses to accept the investigation conclusion onevidence collection by people’s court. The signal remedy is not conducive to savinglitigation resources and the protection of the legitimate rights of criminal suspects ordefendants. Therefore, it is necessary to establish intermediate appeal system in ourcountry, giving the appealing right to the prosecution and the defense who is affectedby the adjudication of the illegal evidence exclusion program. The intermediateappeal system has a function of error correction in a timely manner, it also can avoidthe waste of litigation resources. What’s more, it is the guarantee of the defendant’sconstitution rights.