Study On Illegal Words Evidence Elimination System In China

Illegal words evidence exclusion system established in criminal proceedings in our country.It is a reflection of the national judicial democratization and civilization.It is also the embodiment of the respect and safeguard human rights. In practice, because people are ingrained lawsuit idea of presumption of guilty, exclusion of evidence of guilt makes it unacceptable, we face how to reasonably apply illegal words evidence exclusion system. Oral evidence occupies a pivotal position in the chain of evidence, however, in practice, a large number of being forced to make us ponder, whether the evidence collection is standard, conform to the requirements of due process of law. Therefore, our country’s legislation circles began to pay attention to words evidence exclusion problems, in 2010, China’s supreme people’s court, the supreme people’s procuratorate, ministry of public security, state security and the ministry of justice jointly issued "on the provisions of the audit judgment evidence for the death penalty cases handled by a number of problems" and "criminal case about the provisions on some issues of excluding illegal evidence, for the first time in the form of judicial interpretation rules of illegal evidence exclusion system, take the lead in the form of legislation to the exclusion of illegal evidence. On this basis, the amended Criminal Procedure Law of 2012 established illegal words evidence exclusion system.The article will take illegal words evidence exclusion system as the core. Introduces the theoretical background, related concept discrimination, outside on behalf of the state on the system defined by investigating the developed countries in the academia and judicial circle outside of some practice, point out our shortcomings, for example, illegal words evidence in the legislation of \ "illegal means\" list is not detailed, there are many forms of illegal evidence in the judicial practice is not reasonable definition, on the concept of litigation with foreign illegal words evidence differences between developed countries and a series of problems. Should, therefore, to our country’s current legislation present situation and the judicial practice as a starting point, analyses the obstacle of illegal words evidence exclusion system practice, such as: the negative impact of the presumption of guilt, procedure consciousness, lack of stress cases, the negative impact of the drive, truthfully confesses obligation and procuratorial system defects, etc. Furthermore, by introducing the outside a few on behalf of the state system of the existing legislation and judicial practice in the practice, from the experience of other countries in order to illegal words evidence system in our country in the legislation and judicial, make illegal words evidence exclusion system in our country can play their value, from the source to eliminate wrongs, safeguard judicial authority, and truly protect human rights.