The Prosecution Of Illegal Evidence Exclusion Apply Research

Since the exclusionary rule of illegally obtained evidence set up in early20the century in the United States, it has played an important role in protecting the constitutional rights of citizens, curbing the behavior of illegal evidence collection and maintaining the judicial justice. Jan1st,2013,the amendment of criminal procedural law was implemented, the highlights of which was the establishment of the exclusionary rule of illegally obtained evidence, which was also the effective way of protecting the legitimate rights of criminal suspects. The public prosecution is an important part of the criminal litigation, and the evidence is the basic and the lifeline of the public prosecution work. The exclusionary rule of illegally obtained evidence has changed the collection of evidence and proof standard to some extent, which will bring to severe challenges for the public prosecution work. As for every public procurator, we should all consider seriously about the question that how to face and take effective measures.The article began with the summary of the exclusionary rule of illegally obtained evidence. Then, as the basis of the relevant provisions in the new criminal procedure law, the author discussed the new problems,new challenges, and how to face for the Office of the public prosecutor and the Department of public prosecution. This text just make some discussion about the public prosecution practical aspects of the exclusionary rule of illegally obtained evidence in the new criminal procedure law, which is to understand that how the exclusionary rule of illegally obtained evidence applied in the review prosecution procedure since it established. Specifically, this test contains the range and the necessity of the illegal evidence exclusion, the practical problems in applying the exclusionary rule of illegally obtained evidence, how the Office of the public prosecutor to apply the relevant procedures and improving the relevant measures of the exclusionary rule of illegally obtained evidence.