Research On The Exclusionary Question Of Illegal Evidence In Review Arrested Stage

Review of arrest stage is the first stage of the criminal proceedings. The "two provisions" clearly stipulates that "the illegal evidence exclusion power of procuratorial organ arrest stage" In 2010, but the 2012 criminal procedure law did not write it. And "The people’s Procuratorate criminal procedure law" stipulated it. The new criminal procedure law on the scope, illegal evidence exclusion of the public prosecution and trial stages of illegal evidence exclusion procedures has made provisions, but in the examination of arrest stage how to exclude illegal evidence, the new criminal procedure law does not make the relevant provisions. The specification of the unsettled brings the confusion, the future effect of practice and it remains to be seen. If procuratorial organs excluding illegal evidence in review arrested stage, is not only beneficial to improve the quality of the case review, further protect the rights of the suspects, but also to help the early stage of the forensic work for the investigation department, ensure the legitimacy of the evidence, and lay a good foundation for the follow-up period. However, scholars have been paying more attention and doing a lot of research of the illegal evidence exclusion in trial period, and have not been attaching much weight in review arrested stage. From the judicial practice in China, This article analyze the importance of illegal evidence exclusion in review arrested stage, and the procuratorial organs how to excluding the illegal evidence in review arrested stage.This paper is divided into 5 parts. The first part analyzes procuratorial organs as the basis for the exclusion of illegal evidence. The second part analyzes the best time to exclude the illegal evidence for the procuratorial organ is the review of the arrest stage. The third part analyzes the problems for the procuratorial organ excludes the illegal evidence in review arrested stage. The fourth part analyzes the review of the arrest stage how to excluding the illegal evidence. The fifth part analyzes program design for excludes the illegal evidence in review arrested stage.