The Pplication Of The Rule Of Illegal Evidence Exclusion In The Examination And Prosecution

The illegal evidence elimination rule is put forward at the beginning of the controversial. However, the rules of evidence have enormous progress is also been commended. This article start with the applicable rules of evidence in the prosecution phase from the Chinese procuratorial organs, investigate it practical value in the practical application of. Since the provisions of the rules of evidence and other countries, such as common law countries is in court by the judge applies the rules of evidence, but the entire process of our country is in litigation, the rules of evidence by the three public security organs’ application. Prosecution also has a right to legal supervision, the supervision of the Organs of the rules of evidence applicable. Indictment of prosecutors charged with two functions and legal supervision functions of the prosecution for how to apply the rules of evidence, the Criminal Procedure Law scholars has continued to explore, the practitioners also constantly test. Our made to exclude illegal evidence and the trial judge judge court trial stage have identity, and to ensure maximum neutral judicial justice. As a result, the procuratorial organs in the examination and prosecution stage in our country on the significance of application of the rules for worth further discussing.This paper from the produce of exclusionary rule started, the rules in the stage of the legal basis for examination and prosecution point:first, legal, to safeguard human rights, realize the unity of justice and efficiency. Second, to balance the function and legal supervision function of procuratorial organs. After the explanation of the basic theories, this paper further raises the problems when apply the rules in our country divided into two parts:the legislative level and judicial level among them, the judicial level is "alienation" of problems, such as:limited exclusion; The hidden rule out; In addition, there are can exclude the illegal evidence exclusion courts authority. Behind on this basis, explore its causes, finally put forward the way to solve the following three aspects, idea, system and reality. In the examination and prosecution stage procuratorial organ in the illegal evidence exclusion rule, was inspired. Also because of legal science papers apply the rules of procuratorial organ in China rarely, so hope can cause more people to pay attention to the procuratorial organ in this article apply the rules of judicial practice problems.