Illegal Evidence Exclusion Of Investigative Supervision Link Research

In recent years, a series of questions about the illegal evidence elimination rule caused widespread concern of more and more scholars and legislators. Although the exclusionary rule of illegal evidence has formed a more unified view in theory, but in the criminal procedure and the judicial practice still has not reached a consensus. Investigative supervision link exclusion of illegal evidence is the key point and the difficulty, the to prevent miscarriages of justice, the protection of basic human rights have played a key role and even decisive, final bottom line is embodied the spirit of the rule of law and the inevitable requirement. The investigation and supervision of the exclusion of illegal evidence to link, from the changes of ideas, carefully examine the present investigation supervision link of exclusion of illegal evidence in the existing problems, the investigation organ and procuratorial organs inside and outside the establishment of the exclusion of illegal evidence discovery, review, cognizance and sanction mechanism. At the same time, combining the latest introduction of the 《Criminal Procedure Law》 and the "two provisions", the investigation organ and procuratorial organ can apply to specific legal provisions to the exclusion of illegal evidence in judicial practice. So, not only can improve the efficiency and fairness, and the probability of occurrence of the overall quality of the investigators to improve further to curb the illegal evidence through, finally make the judicial practice of China’s criminal procedure in the exclusion of illegal evidence and the evidence that the field of breakthrough and innovation.