| ON march 14,2012, the People’s Republic of China Criminal Procedure Law (hereinafter referred to as "the new law of criminal procedure") clear the contents of the illegal evidence exclusion and requirements of investigation organs, procuratorial organs, judicial organs find illegal evidence in criminal lawsuit activity, should also be excluded, not as the basis of the verdict. As one of the main body of criminal procedure, procuratorial organ is not only the supervision organ of criminal procedure, but also the investigation organ of criminal cases. The application of illegal evidence exclusion rule not only brings challenges to procuratorial work, but also makes the practice of procuratorial work more and more. Therefore, the procuratorial organs should properly deal with the impact and challenge of the illegal evidence exclusion rules, in order to ensure procedural justice, safeguard judicial justice.The author divides into four parts to carry on the elaboration:the first part of the illegal evidence exclusion rules were described and analyzed, and put forward our country about the illegal evidence exclusion rules of the theory and practice of the status quo. The second part introduces the situation of the illegal evidence exclusion rules of the major countries of the two legal system, and compares the provisions of our country. The third part is the procuratorial organ of our country for the plight of the rule exists, mainly is the self investigation department, investigation and supervision department, the Department of public prosecutions in the application of the existing problems. In the fourth part is our country procuratorial organs coping exclusionary rule of illegally obtained evidence suggestions, mainly from the procuratorial organs from the point of view of the investigation department investigation and supervision department, the Department of public prosecutions of and put forward countermeasures of the rule application in procuratorial organs. |
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