Research On The Apply Of Illegal Evidence Exclnsion In The Prosecution Of China

The exclusive rules of illegal evidence is an important part in the system of evidence. Scope and conditions of the exclusive rules of illegal evidence in various countries are not the same, This has close relationship with responsibility with the criminal justice system mission of every countries.Born with controversy, exclusionary rules still have the reasonableness of its natural existence determined by its unique action value. The litigation value of exclusive rules of illegal evidence mainly includes two aspects:procedural values and instrumental values. The former refers to the rule of their own virtue, intrinsic rationality, which includes rules’ contribution to the evidence system and equal respect to human rights of community members, etc. The latter refers to the rule’s value targets to be achieved, which includes additional features of the Constitution, balance between substantive justice and procedural fairness and dynamic balance between individual rights and state power, etc. Litigation value is the ultimate significance of the existence and development of illegal evidence exclusion.There are exclusionary rules in Chinese Criminal Procedure Law and relevant judicial interpretations. But they are mostly prohibited norms, instead of specific operating procedures, thus they can not meet the needs of judicial practice. The introduction of Regulations on Handling Criminal Cases of Illegal Evidence Exclusion of Certain Issues (hereinafter referred to as Illegal Evidence Exclusion Regulations), marking the exclusionary rule with Chinese characteristics is formally established. This provision not only did define the connotation and denotation of illegal evidence in our country, but also clarify proof standards of investigators’ testify and evidence’s legitimacy surveys and so on. Compared to the traditional exclusionary rule, the innovations are:First, The scope of the exclusionary about verbal not only do include the evidence which obtained by violating the suspect or the defendant’s rights, but also excluded with the threat of violence and other illegal methods to obtain the testimony of witnesses or victims’ statements and other testimonial evidence; Second, reviewing the legality of evidence not only be limited in court proceedings, but also extends to the pre-trial stage of the review of the arrest or prosecution link. These innovations have made important contributions to the world-wide exclusionary rule theory and practice.Illegal Evidence Exclusion Regulations [March14,2012, the Eleventh National People’s Congress voted through the fifth meeting of Decision on Amending the Code of Criminal Procedure. Absorbing Illegal Evidence Exclusion Regulations, new Code of Criminal Procedure] gives the procuratorial organs of the legal authority to exclude the illegal evidence, compatible with the role of law supervisor of procuratorial organs in our country. The author of the procuratorial tache of illegal evidence exclusion procedures are constructed:one is the legal basis of the procuratorial organs of the exclusion of illegal evidence. The exclusion of illegal evidence in the procuratorial organ is the organ of legal supervision by the procuratorial organs positioning, prosecutor objective obligations and procuratorial organs and the public security organs to restrict each other decision principles; The second is the exclusion of illegal evidence in practice and consideration of procuratorial tache. Although the procuratorial organs of the exclusion of illegal evidence in the judicial practice at present seldom occurs, but the "illegal evidence exclusion regulation" promulgated on objective to a certain deterrent to the investigation organ illegal evidence, the related system has yet to be further improved; The third is the exclusion of illegal evidence in the program construction of procuratorial tache. The establishment of the procuratorial organ of illegal evidence exclusion "bottom line" the exclusionary rule of illegal evidence exclusion, construction standards, scope, subject and exclude the rational way of procuratorial organs; specification of the exclusion of illegal evidence exclusion of practice operation, refinement program, clear responsibilities and obligations of all parties to improve the relief program. Strengthen the system supporting the procuratorial organs of the exclusion of illegal evidence, further perfect the procuratorial organs investigation supervision legislation and defending system.