On Several Problems In The System And The Exclusion Of Illegal Evidence In Criminal Law Enforcement Of Public Security

Evidence is the key and core of criminal procedure, perfect and can eliminatesystem on protection of criminal suspects and the accused rights, curb illegalbehavior of evidence collection, has the vital significance to realize justiceof illegal evidence.The change of《people’s Republic of China Criminal ProcedureLaw》(hereinafter referred to as "《Criminal Procedure Law》")is a great achievementof China’s socialist democracy and legal system, not only to "respect and protecthuman rights" was written into the purpose of legislation, investigation andprosecution idea deeper. One of the highlights of this amendment is to focus onimproving the system of exclusion of illegal evidence, illegal evidence and illegalphysical evidence of the main range, standards, procedures and exclude exclusionof liability issues are clear from the legislation on2010, the Supreme People’scourt, the Supreme People’s Procuratorate, the Ministry of public security, theMinistry of state security, justice the 《about handling death penalty casescensorship rules of evidence problems》and 《on some issues concerning the handlingof exclusion of illegal evidence in criminal cases》(hereinafter referred to asthe 《Regulations of two rules of evidence》) clearly related content, the illegalevidence elimination system to the basic law. Based on the thoroughly study thelaw, starting from the origin of the illegal evidence elimination system, try toelucidate the illegal evidence elimination system operation mode and standard ofproof and other issues, combined with their own work practice, brief summary ofsome new after exclusion of the illegal evidence system will bring the mostprominent public security organs of the challenge, and puts forward some immatureproposals, when the right to initiate, hope to attract the majority of peers onthe study and discussion of interest, to provide the reference for the practiceof law enforcement.