| The modification of Criminal Procedure Law of the People’s Republic Of Chinahas created many historic records in China’s history of legal system, which has been asignificant achievement during the China’s legal process of legislation. Thismodification makes a great contribution to the perfection of the basic legal system ofsocialism with Chinese characteristics, which successfully enhances the judicialreform. As an important system of the criminal action, the system of exclusionaryrules of illegal evidence has been modified considerably during this legalmodification. With the special constitution of China under the rule of law, the new lawmakes compulsory rules and details the rules under which the procuratorial organsfind and exclude the illegal evidence during the inspection. It is very important for theprocuratorial organs to supervise the investigation of the investigating organs and thepeople’s court to improve the quality of justice. It also plays a great role in protectingthe legal rights of the privies. However, there are many deficiencies when theprocuratorial organs find and exclude the illegal evidence, which result from all kindsof subjective factors. These deficiencies do not meet the original intention of thissystem. There is a demanding for prompt solution to let the procuratorial organs findand exclude the illegal evidence correctly and rapidly, which can help the organs torealize their positive roles. Therefore, it is very important to conduct a deep researchon it.With the methods of analysis with the integration of theory and practice, thispaper makes a case study related to Mr. Feng who commits the crimes of larceny,false accusation and extortion as the point to analyze and attempt to dissect thedeficiencies when the procuratorial organs find and exclude the illegal evidence. Italso makes a beneficial discussion to improve and complete the system ofexclusionary rule of illegal evidence.This paper includes three parts: the introduction, the main body with three partsand the conclusion.Part One mainly introduces the criminal case of Mr. Feng who commits thecrimes of larceny, false accusation and extortion. This case is a real one which isconducted by the People’s Procuratorate of S district in C. At the present stage, it isalso a scarce case concerned with the procuratorial organ finding and excluding the illegal evidence in the juridical practice. The author gives a detailed introduction ofthis case including the investigation and referral of the police organ and thesupplementary investigation for twice. This paper outlines the process that theprocuratorial organ finds and excludes the illegal evidence and investigated again.Part Two analyzes the problems which happened during the People’sProcuratorate of S district in C finds and excludes the illegal evidence. This part canbe divided into two sections. Section One discusses the difficulty for the procuratorialorgan to find and exclude the illegal evidence, containing two problems, whereas oneis the lacking and insufficient ways for the procuratorial organs to find the illegalevidence and the other is that the procuratorial organs pay little attention on theexamination of the video and recording when they find the illegal evidence. Thesecond part concerns the difficulties in excluding the illegal evidences of theprocuratorial organ, including the following issues:(1) insufficient of impetus toexcluding the illegal evidences,(2) limited time schedule in handling a case, and (3)hard to query the public prosecution.Part Three proposes some advises to completing the related system which is usedby the procuratorial organs during the inspection. This part can be divided into twosections. Section One provides solutions directly towards the difficulties which occurin the inspection stage, including two problems.: On the one hand, it is to enlarge thechannel by which the procuratorial organs can find the illegal evidence, mainly (1) toexamine the written materials including the case record,(2) to enquire the suspects,(3)to enquire the witness and other related person,(4) to communicate with the suspectsand mandatory lawyers of the defendants,(5) to emprise the roles of the prosecutingattorney,and(6) Other related way. On the other hand, it is to verify the video andrecording should be regarded as the important methods to find the illegal evidence bythe procuratorial organ. The second part is the difficulties in solving the exclusionaryillegal evidences of the procuratorial organ，including the following issues:(1)establishing the reasonable performance assessment system，（2）optimizing the caseprocedure and properly use the case resources, and (3) Strengthen the judicial organjudicial review function... |
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