The Study On Proving Burden Of Evidence’s Legality Of Procurtorial Organ

The exclusionary rule of illegally obtained evidence has been adopted by our country’s criminal legislation, which not only means our country pays more attention to evidence’s legality in criminal filed, but is also an important step of human rights protection. In our country, procuratorial organ exercises the power of investigation of official offence(it is mainly refers to the crime by taking advantage of public power, including corruption,bribery, etc.) and the right of prosecution in criminal procedure. Besides, it is the organ of legal supervision of our Constitution. Diversified characteristics of procuratorial power put procurtorate in an important position in examination of legality of evidence. In criminal investigation stage, procuratorial organ should supervise police office’s and its own investigative action to prevent illegal evidence. In the phase of examination before prosecution, the procuratorate should review the case and relevant evidence from investigative department to exclude illegal evidence, and avoid delaying in proceeding. When criminal cases go into the trial stage, procuratorate has to take the responsibility of proof of evidence’s legality, which means procuratorate need to apply all kinds of testimony measures to prove evidences’ legality, so that judge can adopt the evidence in trial. Except for introduction, this thesishas four chapters.In the first chapter, the author will discuss the theoretical basis and value orientation of evidence by analyzing the theory of evidence’s legality and the burden of proof in criminal procedure, in order to have a good knowledge of burden of proof of evidence’s legality. In the meanwhile, the thesis will respectively analyze the relationship between burden of proof and standard of proof, and subject of proof. It can help prosecutors prepare necessary testimony material in trial, and help prosecutors determine which subject matters are to prove in huge number of case matters, so that workload can be reduced.The second chapter will discuss the reasons of procurtorial organ’s responsibility of proof of evidence’s legality from two aspects: theoretical basis, and laws and regulations. The theoretical basis includes procedure justice theory and legal supervision theory. Evidence’s legality is one important connotation of procedure justice. To examine the legality of evidence by prosecutors is benefit of guaranteeing investigators comply with legal requirements, protecting the human rights and legal interests of criminal suspects and defendants from violating as well.In the third chapter, the thesis will describe how procurtorial organ can discover illegal evidence, exclude illegal evidence, and account legal responsibility for the investigators who have illegal conducts in crime investigation. There mainly are three ways to help prosecutors to discover illegal evidences, including reviewing dossiers, paying attention to lawyer’s opinions and criminal suspects and defendants’ application of exclusionary rule. When excluding illegal evidence, the prosecutors should distinguish the difference between illegal evidence and defective evidence. Illegal evidence violated human rights seriously, however the defective evidence didn’t since it is only micro mistake in technical aspects. Thus, there are different approaches to deal with the two situations. At the last, unfortunately, our country has not specific rules to punish investigators for their wrongful conducts to obtain evidence, so we must establish relevant rules as soon as possibility.In the last chapter, the thesis will provide some advice on how procurtorial organ can do their best to take responsibility of evidence’s legality. First, our country should build a lifelong mechanism to account investigators responsibility for their wrongful conducts. It is a good measure to improve the sense of prosecutors’ responsibility so that they can put more effort in their job. Second we should abolish unreasonable job evaluation system to re-raise prosecutors’ enthusiasm in guaranteeing the quality of dealing with cases. However, the most important is to strengthen the procurtorial organ’s legal supervision function. This function plays a significant role in its general work. Based on legal supervision function, procurtorial organ can induct police office legally accomplish their job in obtaining evidence, and reviewing the evidence to avoid illegal evidence from entering into trial phase.