A Research On How To Review Evidence’s Admissibility By Police’s Illegal Conduct In Proceeding Of Public Prosecution

Exclusionary rule of illegal evidence usually refers to the evidence which collectedthrough illegal methods by law enforcement officers and their authorized personnel can notbe adopted in the criminal trial. The main functions of exclusionary rule of illegal evidenceare curbing investigation organ’s collection behavior of illegal evidence and protectingcriminal defendants from an unfair trial.Exclusionary rule of illegal evidence had alreadybeen established by the judicial documents of the United Nation and national criminalprocedural legislation. In China, although exclusionary rule of illegal evidence has beenstipulated in the judicial interpretation and chapter5of “Criminal Procedural Law”whichwas modified newly, its content is too abstract and rough, and there is no correspondingoperating procedures about exclusionary rule of illegal evidence in the link of procuratorial.Since the promulgation of the revised Criminal Procedural Law, the Supreme People’sProcuratorate revised the “People’s Procuratorate Rules of Criminal Procedure” on how tomake more detailed provisions to apply exclusionary rule of illegal evidence, but theprovisions are too rough. The Chinese procuratorial organs undertake not only theprosecution functions, but also the legal supervision function, such as supervisinginvestigation acts. The prosecution and approval of arrest function of procuratorial organsdetermine prosecutors should review the legality of evidence, and thereby excluding theillegal evidences from the court. At the same time, the function of legal supervision ofprocuratorial organs demands to deal with officers who were engaged in the collection ofillegal evidence. Thus, procuratorial organs have an indispensable role in theimplementation of the exclusionary rule of illegal evidence, and then it is particularlynecessary to study the exclusionary rule of illegal evidence and operating procedure in thelink of procuratorial. As a procuratorial investigator, I will take the perspective ofimplement of exclusionary rule of illegal evidence by prosecutors and choose the cases which my procuratorial organ had handled as instances of analysis to clarify the illegalevidence and exclusionary rule of illegal evidence, get a profound understanding of thecontent and characteristic of exclusionary rule of illegal evidence, recognise and identifythe challenges and tests,which are exclusionary rule of illegal evidence brings toprocuratorial organs, and propose suggestions and ideas for the establishment of theworking mechanism of exclusionary rule of illegal evidence. I hope it will promote judicialjustice and maintain fairness and justice.