Research On The Exclusion Of Illegal Evidence In The Prosecution Process

In June 2010, China promulgated the provisions on the review of the death penalty cases and the provisions on the handling of illegal evidence in criminal cases (hereinafter referred to as the two provisions), in 2012 the national two sessions revised the criminal procedure law, which makes China’s illegal evidence exclusion rules made a major breakthrough in practice. In recent years caused people to pay close attention to the case of She Xianglin, Zhao Zuohai major criminal cases, fully exposed in our country in the handling of criminal cases of illegal evidence not only exist and as the conviction and sentencing basis, for a long time no defined norms to constrain the investigators, part of the judicial personnel to the pursuit of judicial efficiency, which engages in malpractices for personal gains, abuse of power using illegal evidence.Through the reform of the legal system, China has gradually established a clear system of illegal evidence exclusion, but the new system is relatively perfect, but also the lack of a more detailed operational procedures. At the same time, the citizens of our country to protect the personal rights and the illegal evidence exclusion of cognition is not full, some citizens can not correctly use the law to safeguard their legitimate rights and interests. Therefore, this article mainly analyzes the rule of illegal evidence exclusion, the study of the process of prosecution for illegal evidence exclusion of specific strategies, making the procuratorial organs more positive response to illegal evidence exclusion, better applicable laws and regulations, to fulfill their duties, which is the ultimate goal of this paper.The exclusion of illegal evidence the task to be done, we need to constantly explore and summarize the experience. From the early stage of the study of the illegal evidence exclusion, most of them are the macro, and this paper is mainly about how to exclude the illegal evidence of illegal evidence.The author believes that only pay full attention to illegal evidence exclusion system, in the prosecution of criminal cases in the process set up to examination and approval of arrest, prosecution as the core of the illegal evidence exclusion mechanism for, to review stage of the operation of illegal evidence exclusion is reasonable and proper interpretation. This article will eliminate the problem of illegal evidence in the process of procuratorial work, the cause of formation, the procedure to exclude the illegal evidence, and the countermeasures to improve the illegal evidence exclusion, and the illegal evidence exclusion system is feasible.