"Zhang Guo Xi Bribery Case" In The Study Of The Problem Of Illegal Evidence Exclusion

Exclusion of Illegal Evidence has been the Code of Criminal Procedure academic problems,although the current legislation and judicial interpretation have made the appropriate provisions of this, and the academic community for this problem is a lot of theory to learn from the advanced experience of foreign countries which makes China illegal evidence exclusion application helpful. However, judicial practice, in recent years, criminal miscarriages of justice occur frequently, more exposed the exclusionary rule applies difficulties in practice.Academia caused widespread controversy " ZhangGuoXi bribery case " of the exclusionary rule is the model, because the case occurred in 2010 coincided with "illegal evidence exclusion provision" introduced the occasion, while Yinzhou District People's Court judge had the courage to do the "The first person to eat crab", boldly applied the exclusionary rule to exclude the investigating authorities conduct preliminary investigation of the defendant obtained confession of guilt. Illegal evidence is called China's first case of exclusion. In the present case, although the Court of First Instance applied the pioneering exclusionary rule, for investigating authorities to obtain pre-trial confession of guilt of the accused to be ruled out, the second instance court has overturned the first instance court's decision. The two diametrically opposite judgment, reflects the applicable judicial practice applied the exclusionary rule remains to be done. As in judicial practice, investigators interrogated using torture fatigue manner of criminal suspects and defendants to obtain evidence, investigators testify rate is too low and other issues, the exclusionary rule can't be able to get very good implementation in practice implemented.For the difficult problem exists in above-mentioned judicial practice of illegal evidence exclusion, I use a case-study way of writing. In this paper, "Guo tin bribery case" for the introduction combing through the basic facts, the case involved the illegal evidence exclusion issue legal analysis. Next, the case presents the issue, the exclusionary rule in less than three points, on this basis, I intend to try to put forward some effective measures to improve and look forward to our illegal evidence exclusion theoretical research and judicial practice have Help.In this paper, in addition to the introduction and conclusion, the text is divided into three parts, about 19,000 words. The first part of the point of introduction to the basic facts, the article introduces the basic facts of the case, to extract the main focus of the dispute case involved:(1) for questioning the legality of the measures;(2) examine whether the conduct is legal;(3) if there are problems in the exclusion of illegal evidence program.In the second part, the author analyzes from perspective of the commencement of the law of evidence, combining with the relevant provisions of the existing law and judicial interpretation, make a detailed analysis of the elaboration of the case to both the prosecution and the defense the main focus of the dispute. In "Chapter National tin bribery case" as the starting point, three focus of controversy is for discussion.The third part of the article is based on the second part of legal analysis, the author summarizes the line of illegal evidence exclusion problems that exist in the program, and improve the exclusionary rule proposed appropriate measures on this basis.