Research On The Problem Of Illegal Evidence Exclusion Procedure In Procuratorial Link

As a kind of procedural referee, part of the prosecution of illegal evidence excluded the decree of the program is to solve the dispute the legitimacy of the evidence on both sides, as prosecutors exclusion of illegal evidence sets up corresponding operation rules. Compared with the investigation, the investigation, the prosecution and the trial procedure of the court, the illegal evidence exclusion procedure has its own characteristics. The application of the rule of illegal evidence exclusion is an important support to the effective implementation of the rules, and the legal supervision of the right of appeal and the procuratorial organs play an important role in the regulation. The procedural subject of this procedure is reflected in two aspects:whether the evidence is legal or not. In the review process of the legitimacy of the evidence, the role of the two sides of the conversion, the suspect become the plaintiff, and the investigation authorities become the defendant". The illegal evidence exclusion procedure is closely related to the examination of the arrest and prosecution procedure, but also has the significant difference. The operation of illegal evidence exclusion procedure requires the main body of the initiative to open the door, in the enjoyment of the right to start the main body of the right to start with the right to start the two kinds of mode, but in practice, according to the initiative to rule out the possibility of the application, the parties intend to start the procedure to review the evidence, to provide evidence or clues, otherwise it will bear the corresponding consequences and risks, namely illegal evidence exclusion procedures will not be started. Evidence that the procuratorial organ shall be in accordance with the terms of reference of the authority or in accordance with the preliminary judgment of the application for preliminary judgment of illegal or illegal possibility, to verify the master as many and detailed evidence materials, in order to find out whether the evidence is illegal. The dependence of the illegal evidence investigation procedure and the fact that the fact is the priority of the thinking mode, the evidence is not due to illegal, but the false is excluded. In the procedure of procuratorial work, we should set up the hearing procedure to review the illegal evidence, and the procedure of the hearing will highlight the confrontation between the investigation and the parties, and the procuratorial organ can fully listen to the opinions of the investigation organ, the criminal suspect and the defendant. In comparison to the review of the issue of illegal evidence in writing, the secret way to join the parties to fight the factor, making it more credible. The difficulty of the hearing is that how to make the program play a role in the process of finding out the truth, and to protect the rights of the program, from the formalization to the substantive. In order to guarantee the implementation of the illegal evidence exclusion rule, the legal relief channel is obtained, and the illegal evidence of the procuratorial link is excluded, which does not affect the rights of the parties to the court. If the party refuses to accept the decision on the exclusion of illegal evidence in the case of the procuratorate, the court shall accept the application and the court shall accept the application. The illegal evidence exclusion procedure is not self-sufficient, and its effective operation depends on the relevant supporting system. Improve the illegal evidence exclusion process, we must reform and perfect, implement the relevant supporting mechanism, the smooth operation of the program to provide a good environment for the rule of law, to ensure the full implementation of the program.