Study On The Exclusion Of Illegal Evidence In The Stage Of Examination And Prosecution

Criminal procedure is the use of evidence in the process of identifying the facts of the case, the evidence is in fact a safeguard proceeding according to from filing, investigation, prosecution, trial, each stage of criminal proceedings and the proceedings are inseparable from the use of evidence.If the evidence for the qualitative errors, then will have a direct impact on the outcome of the case, finally let every citizen in judicial case feel fairness and justice of the judicial pursuit loses. Thus, the status of evidence in criminal proceedings is self-evident, start the criminal procedure is not only the basic conditions and decide whether the cases are the decisive factor of a fair trial.Core part of the judicial fairness and justice is judicial trial of the case, and to ensure the judicuse. But in judicial practice, there are a large number of irregular even illegal behavior of evidence collection, not only affects the justice of lawsuit activities results but also to the people of judicial justice more and more lose confidence. Therefore, the specification acts of obtaining evidence in the criminal procedure, through the review of definition to the legitimacy of evidence, to the exclusion of illegal evidence is to ensure that each case justice due justice.Based on this, the author choose the review prosial fairness and justice is the premise in the criminal procedure of evidence correctly ecution phase of the exclusion of illegal evidence problem of hope on the basis of our country to examine the prosecution stage exclusion of illegal evidence applicable standards and procedures to sort out the and of the imperfect place, the paper puts forward some suggestions.The exclusionary rule of illegal evidence since 1914 was established in the United States, followed by countries around the world have reference and development, the exclusionary rule of illegal evidence plays an important role in the protection of procedural and substantive justice. Prosecutors in the prosecution phase as the main body of the exclusion of illegal evidence is a combination of innovation of China’s judicial system, is based on our country’s procuratorial organs for legal supervision, with the protection of human rights and obligations of legal prosecution and the status quo of the police prosecution division mode is put forward, with the exclusion of illegal evidence in judicial practice space of procuratorial organs in China on the stage of review and prosecution of illegal evidence exclusion. Some applicable standard is not clear but also has the process of exclusion of illegal evidence in the prosecution, the standard of proof the problem is not clear and lack of procedure in the exclusion of inform the parties concerned in the process of row of the right to apply, written examination prosecution evidence The way out is monotonous, the procuratorial organs after the procedure to the exclusion of illegal evidence is not clear and lack of relief program.By the illegal evidence exclusion rules of legislation and monographs of reading research, the author thinks that a reasonable and clear definition of illegal words evidence and illegal physical evidence exclusion applicable standards, clear the standard of proof to deal with problems of the exclusion of illegal evidence in applicable standard is not clear. On the other hand from increase the parties’ right to exclude the notification procedure, to establish a combination of written and hearing review and refine the procuratorial organs exclude illegal evidence program direction and set up the relief procedure of procuratorial organs of the exclusion of illegal evidence is a procedure summary, and clarify the procedures in the presence of imperfections.