Research On Illegal Evidence Exclusion In Prosecution

Investigation and Prosecution stage is a kind of litigation activity in whichPeople’s Procuratorate for examination and prosecution is concluded its investigationof cases prosecuted, undertake a comprehensive review and investigative authority toconfirm the facts of the crime and evidence, charges and examine and verify thenature of the crime, and to take appropriate action to determine whether the suspectshould be tried to submit the People’s Court.It is not only the action of a critical understanding of the chain part but also aseparate stage of the proceedings, and it is a bridge of the investigation and the trial.If there is no prosecution, it can’t achieve the legal value of the investigation, and it isimpossible to start the trial activities. The core of the prosecution is evidence beingexamined, the results of the review of evidence relating to the person’s dignity andrights, or even relates the person’s life. As to review of the evidence, we should notonly examine the three elements of the evidence but also pay more attention to wherethe exclusion of illegally obtained evidence. The extent and scope of illegal evidenceexclusion, in a certain sense, it can be said that a results of criminal proceedingsagainst crime and protecting human rights’ equitable with two-value targets.Combined with our current judicial status, protection of human rights is not beingtaken enough attention. And even in some areas of practice it is beyond the specificcase of " be lenient with those who confess and severe with those who refuse to". And Resulting in "frank then be sent to jail, resist then be released" situation.Valuingconfessions, slighting procedure and abusing extorting a confession by torture oftenlead to miscarriages of justice reported to various newspapers. As to review of theevidence for the prosecution phase of the problem, the latest Code of CriminalProcedure, made a relatively complete provisions. It absorbed some relevant contentabout the regulation about ruling out the illegal evidence in criminal case, which ismade by the Supreme Court, the Supreme Procuratorate, the Department of PublicSecurity, the National Security and the Department of Justice. It was identified in the legislative scope of the exclusion of illegal evidence and related procedures for thefirst time, and it fully reflects mini-constitution of the barrier of the Code of CriminalProcedure as safeguarding human rights, and it provides strong support to curb tortureand other acts from the law. This paper analyzes some issues related to illegalevidence exclusion with the prosecution phase as a starting point.The first part describes the procedure of China’s Criminal Legislation excludingillegally obtained evidence and its evaluation. It is a combination of two main rules ofevidence and criminal procedure on evidence exclusion latest relevant provisions ofthe statement of facts.The second part is the practical issue of the prosecution phase of illegal evidenceexclusion, mainly includes three aspects, double rule making exclusionary rule basedvirtual home, and difficult to exclude illegal physical evidence and proceduralrequirements for exclusion of illegal evidence is inadequate.The third part is about the prosecution phase of comparative law excludingillegally obtained evidence, mainly horizontal analysis and compares the UnitedStates, Germany and Japan on the theoretical origins of the relevant provisions ofexcluding illegally obtained evidence. The part of US mainly analyzed the rules ofevidence of illegal exclusion as well as the establishment and development of thefamous "Miranda rule" and the rule of "The fruit of the poisonous tree will be toxic";The part of Germany explains some of the major "proof prohibits" theory which isput forward by the Beling Professor and it is German Code of Criminal Procedure onpage136a paragraph; Japan’s illegal evidence exclusion varies before and afterWorld War II, Japan’s emphasis on The real discovery principles and free evaluationof the evidence by the continental law system in effect in Germany before World WarII, It took more emphasis on the principle of procedural due process and combinedthe fruit of the poisonous tree exclusion principle and created their own "repeatedconfessions rule" after World War II.The fourth part is the core of this article, and is the Perfection of the prosecutionphase of the exclusionary rule. It mainly consists of four parts: the applicable rules ofthe prosecution phase of the exclusionary rule, disciplinary system of to establish andimprove evidence of illegal behavior, the introduction of appropriate judicial interpretation, and strengthen supervision mechanism, which focuses on the first partand the second part. It discusses the main building of the prosecution phase ofprocedural rules excluding illegally obtained evidence, procedural and substantivesanctions; disciplinary system of to establish and improve evidence of illegal behavior,Public and feedback mechanisms of unlawful conduct forensic investigation to verifythe results of post-treatment and to establish internal information sharing andprosecution departments complement each other mechanisms.