Investigation Report On The Implementation Of The Illegal Evidence Elimination Rule

The establishment of rules of excluding illegal evidence in our country, to perfect the system of criminal litigation evidence in our country, to guarantee the legitimate rights and regulating the behavior of investigators obtain evidence the defendant has a great significance. The author in B city court system of guangxi in July 2010 to June 2015 after a survey on the illegal evidence exclusion rule implementation hope on the basis of summarizing characteristics, find out problems, analyze the reasons, put forward the proposal, to expect to illegal evidence exclusion rule in judicial practice have a positive effect and function of the application.This report includes four parts:The first part is the implementation of the illegal evidence elimination rule of B city investigation and analysis on the basic situation and characteristics. Based on the general characteristics of the illegal evidence exclusion rule, types of evidence exclusion, elimination and the functions and powers in accordance with the situation, the defendants according to application put forward out and clues, start the exclusion of illegal evidence and results, to the exclusion of evidence after the application analysis of the processing conditions of the investigation, found illegal evidence exclusion rule in the trial practice show the following six features: one is the illegal evidence exclusion rules applicable in the trial practice rate is low; 2 it is reason single excluding illegal evidence; Three is ruled out application put forward by the defendants, unable to start out procedures according to the power; Four is to apply for to rule out for oral evidence, there is no physical evidence; Five is to use division before meeting to handle the applications for partial exclusion; Six is the local law than foreign lawyers more affected by the judge withdraw the application.The second part is on the problems existing in the implementation of the illegal evidence elimination rule are summarized. Based on the performance of the investigation and study, found the following four questions: one is the judge ruled that the illegal evidence difficult. Including illegal methods identifying, illegal evidence collection behavior or not difficult, illegal material evidence and documentary evidence to rule out difficult; Second, the people’s procuratorate abuse corrections and explain the relief means; Three is constrained effect of illegal evidence exclusion; Four is the judge to resist started out.The third part is about the reason of the problem existing in the implementation of the illegal evidence elimination rule is analyzed, including four reasons: one is the practice of the illegal evidence elimination rule operability is not strong; 2 it is substantive justice is more important than procedural justice of judicial ideas affect the illegal evidence exclusion; Three is China’s judicial system restrain the court’s neutrality status; The present situation of the four is case people less forced the judge case "efficient".The fourth part is the Suggestions to perfecting the illegal evidence exclusion rule. Combining with the characteristics of China’s judicial system, and draw lessons from the United States, Germany and other legislative model, the author suggested: one is the content refinement of illegal evidence elimination rule. For torture and other illegal methods are realized with regulation, the sound recording or video recording as essential procedure of interrogation process; 2 it is to distinguish illegal evidence from illegal evidence; Three is applicable way to perfect the illegal evidence exclusion rule, the application time is limited to trial before the special case applicable exception principle, will review the legality of the illegal evidence in court before the meeting, to distinguish the court before a judge and judge, the single completion time rules of illegal evidence exclusion procedure; Fourth, perfect the investigation phase punishment system.