Research On The Application Of Illegally Obtained Evidence Procedure Of China

There are many wrongly-charged cases happened in modern time, extorting confessions by torture has become a focus of attention of the judicial workers. The establishment of the exclusionary rules of illegal evidence represents the basic human rights applied in the procedural law of China. It makes the human rights protection of criminal suspects and defendants has more perfect legal basis. The value of the procedural law is not its results; it achieves the goal through the system itself. The substantive justice of the trial can become true only with the procedural justice. There is a problem in the criminal proceedings between public power and private right, its asymmetry will make the public power bring some infringement in actual operation. Therefore, the purpose of the illegal evidence exclusion process is to avoid the infringement of the public power, so make the public power used within the limits prescribed by law.The first problem is its applicable scope of the implementation of the law. The law can give full play its effectiveness with clear and specific scope of application. The first problem of the illegal evidence is to solve the specific meaning of Torture and Violence and so on. The traditional mode of interrogation has tapered, but there is a kind of special torture appeared, it makes the defendant provide clues and material more difficult. The judge discretion is opposite bigger for the physical evidence at present, there is no unified standard to measure the illegal evidence problem. So the scope of illegal evidence can expand to all kinds of evidence, which involve expert opinion, record of investigation and examination.The illegal evidence exclusion in trial is still the most important method in the actual program, the exclusion program seldom seen in the pretrial conference. Although it isn’t dualistic trial model in China and cannot be isolated judge contact with illegal evidence completely, we should try to solve the illegal evidence exclusion in the pretrial conference that will promote the efficiency of the trial work. The court hearing as the relief part of illegal evidence exclusion, that the unsolved illegal evidence or new fact of the cases can be allowed to solve in the court trial. We should first solve the problem of illegal evidence exclusion in the court trial before the substantive issues that can improve the trial efficiency.The pursuit of the modern criminal procedure theory is equal position in suit between charge and defence. The accuser and the defender have different capability of obtaining evidence in the current litigation activities from the point of the proof burden of subject, so they need different proof standards to balance the status of them. The standard of evidence has become a standard to measure the evidence is according with the laws and regulations or not, that can directly decide the case is successful or not in the criminal procedure. As a result, the accuser and the defender have different standards to improve the legality of the evidence, the defender has the reasonable doubt standard and the accuser has the accurate and sufficient standard.Illegal evidence exclusion process is a relatively complete and independent criminal lawsuit procedure. Constraint and regulate the national right and reduce the personal illegal arbitrary law enforcement can make the evidence obtained legally. It can prevent the occurrence of torture, and protect the lawful rights and interests of the parties, and put an end to the existence of the wrongs. Therefore, illegal evidence exclusion has legitimacy in program, it is only through proper procedures excluding illegal evidence may guarantee the result justice of the litigation.