The Exclusionary Rule Of Illegally Obtained Evidence In The Application Of Procuratorial Organs

Evidence is the focus of the whole process of the criminal litigation, can dominate the litigation results. Therefore, the evidence obtained more and more attention. In2013,"the people’s Republic of China Criminal Procedure Law" will be officially illegal evidence exclusion rules into legal provisions, the new opportunities and challenges it has brought to the judiciary, how the procuratorial organs as the main body of the illegal evidence exclusion rules applicable to face this challenge, we should study. This paper first discusses the illegal evidence Chinese characteristics, from the current evidence legislation and mainstream science of evidence theory, there is no uniform definition of illegal evidence, illegal evidence discussed in this article includes four kinds of situation:evidence of unlawful content; form of illegal evidence; collection of evidence or provide evidence of personnel is illegal; collect evidence of illegal procedure.Illegal evidence exclusion rules formally established in China, law enforcement agencies in our country in the judicial practice is to maintain social order, and protecting the rights of the defendant; not only to protect the interests of the state, but also to protect the interests of individual citizens; to control crime effectively, but also pay attention to the protection of human rights; not only the realization of substantive justice and procedural justice. The procuratorial organ as the main body of criminal litigation activities, the criminal proceedings in the function and the public security organ and the court is different, the procuratorial organ is the supervision organ of criminal procedure, it is criminal investigation organs, in the judicial practice, should not only pay attention to supervision of entities, but also should pay attention to supervision for procedures of, and actively improve the service quality and ability of self innovation, investigation methods in the investigation, first full peripheral forensics, as far as possible to get more evidence, more detailed, the suspect’s criminal activities are found out, and then the suspect summoned for questioning, so in front of a large number of factual evidence, also. No suspect excuse to deny, but ruled out the possibility of illegal evidence. Discover the trend of criminal suspects, acquisition and case related information through the monitoring of criminal suspects in the interrogation by mobile phone, a means to distinguish the criminal suspect in the true and false, use these methods to get information can not be used as evidence in court, it can provide important information for the investigation, we find out the direction, fast and effective investigation of crime. In order to do a better job of illegal evidence in procuratorial work sent work, elaborates the practical operation of the illegal evidence from.