Empirical Observation And Problem Research On Exclusion Of Illegal Evidence In The Stage Of Review And Prosecution

From May2010"two senior department jointly issued" the criminal caseconcerning the provisions on some issues of excluding illegal evidence, theprocuratorial organs of illegal evidence exclusion system preliminary established, andthe modified points and the people’s procuratorate criminal procedure rules, excludeillegal evidence in our country is in the form of law provisions, and in theexamination and prosecution link allocation right of illegal evidence exclusion, this isthe procuratorial organs in accordance with law, exercise the right of publicprosecution in China to assume the functions of the litigation supervision. ExamineSue link as an important point in the criminal prosecution procedure, for lack ofevidence, the facts of the case found, guard a pass, filter functions, so the exclusion ofillegal evidence in this section, on the one hand, for the early detection and correctpossible illegal and error detection behavior, safeguard rights and interests of criminalsuspects and strengthen investigation supervision, preventing wrongs, hasfar-reaching significance; On the other hand, if the examination and prosecution stageon illegal evidence investigation to verify the program, even if the end result is not toexclude the relevant evidence, but before the court is fully ready to the legitimacy ofevidence defense, to prevent the possible loss of evidence, charged with negativeconsequences. And examination and prosecution stage, we how to fulfill its publicprosecution in accordance with the law, the implementation of the proceduralsanctions exclusion of illegal evidence, it is an inevitable and problem to be solved inpractice. The criminal procedure law and relevant judicial interpretations of the rules of the illegal evidence exclusion system of principle is more, the lack ofinteroperability standards and specifications. In judicial practice, often because of theunderstanding on the controversial practice of inertia or judicial practice anddepartment is handling the case negative resistance or collapse. Therefore, how tothrough the regulations or the provisions of the concrete system, make the publicprosecution department in examination and prosecution link exclusion of illegalevidence to achieve the requirement of the criminal law as an important subject, inorder to strengthen the standardization of the criminal cases careful card also broughtthe new opportunity.In this paper, the first chapter in Zhejiang province level city J procuratorialorgans link of examination and prosecution of illegal evidence elimination based onempirical research, analysis of examination and prosecution link status quo andproblems of illegal evidence exclusion, restricting factors existing in the operation ofjudicial practice, difficulties and reasons; The second chapter, from the perspective ofthe overview of the illegal evidence, analysis of examination and prosecution stage toexercise the right of illegal evidence exclusion legal basis, value and advantagecomparative examination and prosecution stage ruled out similarities and differenceswith other litigation stage; The third chapter focuses on the construction and optimizethe link of examination and prosecution of illegal evidence exclusion processmechanism, this paper discusses the issue of research.