An Analysis Of Exclusionary Rule Of Illegally Obtained Evidence In Prosecution Phase

When the exclusionary rule of illegally obtained evidence in the prosecution phase has enforced, its effect isn't ideal. There has been a dispute if the procuratorate has the right to exclude the illegal evidence. At the start, the article indicates the attitude the it's necessary for procuratorate to exclude illegal evidence. Meanwhile, it expounds the reasons from four aspects——guaranteeing the function of supervision and prosecution of the procuratorate, promoting court trial efficiency and trial fairness.In the third chapter, the article conclude the legislation status quo of the the exclusionary rule of illegally obtained evidence in the prosecution phase and dissect analyze the legislation defect.In the forth chapter, the article analyzes the data on illegally obtained evidence excluded by procuratorate from some provinces and cities and find the dilemma that procuratorate faced with. It's difficult to find, survey and affirm illegally obtained evidence.The fifth chapter is about the system building towards these difficulties. Inducting investigation by procuratorate is beneficial to supervise investigation and promote the legality and quality of investigation. Perfecting the supervision systems for prisons can carry out dynamic monitor on investigation in prisons. Hearing system can gather the opinion from procuratorate and defend in public. Constructing uniform and normative information disclosure system can benefit on supervision by the public.