Study On The Exclusion Of Illegal Evidence In The Prosecution Stage

In 2012 promulgated the "The People’s Republic of China Criminal Procedure Law" gives prosecutors in the review of the prosecution phase of the illegal evidence exclusion duties, while at the same time the law also stipulates the investigation authorities in the investigation stage and the court have to exclude the illegal evidence in the trial stage, but compared to the former two, prosecutors in the review of the prosecution phase of with the advantages of illegal evidence exclusion there is nothing comparable to this, firstly, the prosecution asked the objective obligation of the state prosecution right based on the exclusion of illegal evidence must fulfill their obligations, in the second, illegal evidence exclusion in the review of the prosecution phase can avoid illegal evidence pollution the judge and can maximum extent to ensure the judge fact contact legal evidence, again also can pass in the prosecution phase of excluding illegal evidence in the realization of the legal supervision right of the people’s procuratorates for the police, finally, it is the inevitable requirement to ensure the quality of the criminal prosecution.But at this stage, there are still many problems in our country’s current law, there are mainly consists of four main components, the difficult beginning of the illegal evidence exclusion procedure, the lack of specific measures of the examination procedure and excluding procedure, the difficulty of the proof of the burden, the lack of follow-up relief procedure.To solve these problems we will build a new procedure. The procedure is mainly divided into four parts: in the boot process, the program is made up of the way and found ways to enable the prosecutors to find more ways and the applicants to find lower standard to make it easier to initiate the proceedings; in the procedure of investigation and excluding process, by setting up a progressive review process to complete the review of the evidence, the first, all evidence must be obtained from the summary procedure- the audit procedure that the procurators check all evidence which are suspected, next, those who have been unable to determine the validity must to apply the ordinary procedure- survey meeting that the validity of the evidence will be investigate through cross- examined between of the investigation and the applicant under the auspices of the procurator.After the above procedures, and then through the process of the illegal evidence exclusion procedures. Of course, this process is essential to the legitimacy of evidence to prove the problem, this is the third part, the application who startup program bear the preliminary proof which evidence may be a negative illegal evidence, the investigation organ shall bear the ultimate burden of proof that the evidence collection is legal, otherwise, the investigation organ must to bear the consequences, in addition, illegal physical evidence and illegal verbal evidence should be proof in single standard in the actual implementation of the regulations, evidence of correction and the reasonable explanation need to be standardized; finally, different errors can be relieved by different ways and the implementation of the illegal behavior of the staff were punished. The above four parts constitute the review of the prosecution stage of complete illegal evidence exclusion procedures.