Prosecutors Of Illegal Evidence Exclusion

The evidence of the case base and the lives, of the Code of Criminal Procedure, the evidence-based, and in fact it is evidence-based, rules of criminal procedure is the core system evidence, whether the evidence is sufficient and whether criminal cases can be detected, and the criminals can be punished. However, there is no program of justice there is no entity of the justice, the evidence is sufficient, but evidence on the entity, and on the evidence so far, it is only evidence-gathering, and get legitimate, to safeguard proceedings has been generally recognized and accepted. Illegal Evidence Exclusion rules aimed at curbing illegal investigation, relief civil rights. By 2012, when the National People’s Congress adopted the new Code of Penal Procedure clearly established the illegal evidence Exclusion Rules, indicating that China’s illegal evidence Exclusion Rules of the system, and the rule of law of our country’s significant progress, and in the case of Illicit evidence in the troubleshooting process, the prosecution played, participants and the dual role, and how to link the prosecution to illegal evidence exclusion, not only determines the prosecution can properly carry out their functions and has also affected the illegal evidence The first section of this paper explained the illegal evidence of the basic theory, what is illegal evidence, illegal evidence of what. and then from the prosecution’s perspective, an analysis of the prosecution of illegal evidence of the legal basis, based on the jurisprudence established analysis exclude illegal evidence in the prosecution of the body of jurisprudence on the reasonableness, explore the prosecution excluded illegal the importance of evidence. Part 2 by the prosecution’s practice status and current legislation of the resolve to try to find China at the present stage the prosecution excluded illegal evidence exclusion. Section 3 is the section 2 analysis the prosecution excluded illegal evidence of the status quo and the basis of the problem, and explore the prosecution of illegal evidence exclusion of the working mechanism build. The author hopes that this paper to explore the basic legal principles of illegally obtained evidence, analyze the reasons for the formation of illegally obtained evidence from the perspective of the prosecution.