The Procuratorial Practice The Application Of The Illegal Evidence Exclusion System Research

Newly revised points has been clear about the illegal evidence exclusion, and acknowledgethe procuratorial organs in occupy the leading position in the program, and then establish theillegal evidence exclusion rule which accords with the situation of our country. But theprovisions of the new criminal procedural law of principle is stronger, for specific operationspecification did not make the rigorous detailed rules and operation is difficult in practice. Onthis basis, this article from the perspective of perfecting the rules and procuratorial organspractice, how reasonable for prosecutors used illegal evidence exclusion rules are proposed.This paper introduces the illegal evidence exclusion rule itself have intrinsic nature. Illegalevidence elimination rule is not only the demand of The Times and is the inevitable requirementof the rule of law society. This chapter to interpret the concept of illegal evidence, to define therules of excluding illegal evidence in our country, and the criminal illegal evidence eliminationrule is the value orientation and value system. Introduces the illegal evidence exclusion rule,from the theory and establish the rules of the road is the need of The Times, is the realization ofprocedural justice.After officially illegal evidence exclusion rule, the procuratorial organs of the three majorbusiness namely ZiZhen, under investigation supervision and public prosecution will pick:positioning ideas and working mode, including ZiZhen department supervisor departmentbudgeting review standard, eliminate the basis of evidence, proof standard of public prosecutiondepartment, etc., this paper points out the influence of prosecution by the new rules. Then, thispaper expounds the illegal evidence exclusion rule in reality the reasons for inconvenience.Include illegal means prescribed scope is not clear, the procedures of interoperability is notstrong, the defense is mandatory to provide materials or clues about the potential crisis andexclusion of illegal evidence of follow-up process soft weak. The existence of these problems isbecause at the beginning of illegal evidence exclusion rule, relevant supporting measures is stillincomplete. This article for the procuratorial organs better applicable rules of illegal evidence exclusionare proposed, from three aspects: namely the procuratorial organs ZiZhen departments, theperspective of investigation supervision department, the department of public prosecution,according to the needs of their respective work, in order to apply the illegal evidence exclusionrule, need to make a change, puts forward the measures to solve the problem of the application oflaw on one by one, thus achieve good run of exclusion rules of procedure, and realizes the crimeand protecting human rights of practical significance.