The Study About The Application Of Exclusionary Rule Of Illegally Obtained Evidence In The Examination And Prosecution Stage In Our Country

On July,2010,the Supreme People’s Court, the Supreme People’s Procuratorate, Ministry of Public Security, Ministry of State Security and Ministry of Justice issued and implemented Provisions About Investigating and Judging Evidence When Dealing with Death Penalty Cases and Provisions about Excluding Illegal Evidence When Dealing with Criminal Cases(hereinafter referred to as two Provisions),which, for the first time, detailedly regulated contents about the elimination of illegal evidence. The modified criminal procedure law in 2012 clearly regulated and perfected the rules for eliminating illegal evidences, which laid its legal status. This law for the first time take the protection of human rights into consideration and its legislative concept will be pervasive in contents about the elimination of illegal evidence.The modified criminal procedure law in 2012 also give the procuratorial organ with the right of eliminating illegal evidence, So the public prosecution department is not only to punish criminal prosecution duties, but should also take the responsibility of the review the legality of the evidence, protect human rights. the public prosecution department must perform the function of start-up, investigation, and exclusion illegal evidence. In so doing, it can reduce the possibility of illegal evidence in the courtroom and will keep the illegal evidence from affecting the discretion of the judge on the court. It is the protection of just procedure that shelter the criminal suspect from being violated, which, as a result, safeguard the substantive justice and is in accordance with the concept of “punishing criminals and protecting human rights” in the modified criminal procedure law in 2012.Except for the introduction and conclusion, this thesis consist of four parts, as follows:Part I: The author pictures the characteristics and significance of the public prosecution department applying these rules for eliminating illegal evidence in the examination and prosecution stage. On the one hand, the author gives us the characteristics the public prosecution department showed this stage, such as timeless, initiative, compatibility and flexibility and so on. The public prosecution department take initiative, timely discover and exclusion of illegal evidence, and the work is closely connected with the usual evidence examination work. On the other hand, the author explains why the public prosecution department must exclude illegal evidence in the examination and prosecution stage. That is conducive to protecting the rights of criminal suspects and other participants in the proceedings, is helpful for guiding the investigation organ supplement investigation behavior, is helpful to improve the quality of evidence in the court, evidence to prosecutors to strengthen control of the debate, is helpful to reduce the pressure of a trial judge exclusion of illegal evidence.Part II: The achievements of the public prosecution department obtained in excluding illegal evidence in the examination and prosecution stage. Firstly, the author introduces the situation where the Henan procuratorial organ how to deal with eliminating illegal evidence eliminating in these case they started up or participated in, from the issuance of two Provision to the end of October,2014. Though the public prosecution department is effective in excluding illegal evidence in the examination and prosecution stage, its capacity in this respect still need to be improved. Besides, the author summarizes the achievements the public prosecution department obtained in excluding illegal evidence in the examination and prosecution stage. It’s increasing the public prosecution department attaches great importance to the illegal evidence exclusion rule, the prosecution department gradually deepening the strength of the illegal evidence exclusion, the prosecution department gradually change the way the launch of the illegal evidence, gradually expand the scope of cases of illegal evidence. With the supreme people’s procuratorate at the same time the work report of the data showed that the procuratorial organs of illegal evidence exclusion rule in henan province is compared with the national procuratorial organs roughly consistent.Part III: The plight the public prosecution department encountered in applying these rules for excluding illegal evidence in the in the examination and prosecution stage. Firstly, due to the lack of the cognition of illegal evidence and the inaccurate grasp of torture and other illegal methods, these prosecutors have difficulty in defining illegal evidence. Secondly, due to the lack of support for examination and prosecution from investigative organs for examination and prosecution and the lack of scientific performance evaluation mechanism and punitive sanctions, these prosecutors have difficulty in verifying the illegal evidence. Additionally, the author introduces deficiencies in ways of verifying illegal evidence and explain why these prosecutors have troubles in excluding illegal evidence.The last, due to the lack of the control over the discretion, Exclusion of illegal evidence was transferred to the people’s court, these prosecutors have troubles in specifying illegal evidence.Part IV: The author offers some suggestions for the public prosecution department to get rid of those difficulties in applying these rules for excluding illegal evidence in the examination and prosecution stage. First of all, the prosecutor should improve their capacities of explain laws and professional qualities, balance the interior conflicts between supervision and prosecution, thus promoting the judicial justice in public prosecution department. Secondly, the author advices that the prosecutor, the investigation organ, a detention center should introduce scientific outlook of management, perfect the system of accountability. Besides, prosecutors should pay attention to found illegal evidence channels, such as perfecting the rights and obligations to inform the program and pay attention to the opinions of the defense lawyers. Finally, the prosecutor should unify the norms of excluding illegal evidence, Build system of examination and prosecution stage discovery, investigators, the criminal suspect or the victim relief rights, perfect the hearing procedure. In so doing, it can better apply the rules for excluding illegal evidence.