Research On The Rule Of The Illegal Evidence Exclusion In The Procuratorial Organ

The research on the rule of the illegal evidence rule in criminal procedure is not a new topic. Since the United States first established the rule of illegal evidence exclusion, as one of the powerful means to protect human rights, The perfection and enforcement of rules caused wide attention in the field of law and practice in many countries. In recent years, with the development of the rule of law in China, the research on the rule of illegal evidence exclusion has been paid more and more attention in China, At the same time, learning from foreign illegal evidence exclusion rules, fully consider the status quo of China's judicial practice, Illegal evidence exclusion rules with Chinese characteristics are established at the legal level. But the establishment of the rule of illegally obtained evidence in China is late, And due to historical factors and social reality, the implementation of this rule in practice and did not achieve the desired results of the law. And a lot of details of the provisions are not clear in the practice of the operation of the phenomenon is difficult to produce, need to be further improved. The author examines this rule from the angle of view of the basic level procuratorial organ, and puts forward some suggestions on the existing problems of the rules.To study any system must be clear about the concepts involved, In this paper, first of all, the concept of illegal evidence, the types of illegal evidence, the rule of the rule of the illegal evidence exclusion of the concept of the rule of the illegal evidence exclusion is a basic overview,fully explain the rule of illegal evidence exclusion is the value choice of procedural justice and human rights protection in the modern law. Because of the illegal evidence exclusion rules in our country, so it is necessary to first put forward the illegal evidence exclusion rules of the United States to understand the relevant legal system, A brief introduction to the system of Germany, which is represented by the development of continental law system, In the two countries to find suitable for China to use the experience of illegal evidence exclusion rules in different situations. In the continuous exploration of the legal profession in our country, the rule of excluding illegal evidence from 1979 to 2012 was formally established, Has experienced the process of gradual development and progress, At present, the illegal evidence exclusion rules with Chinese characteristics have been established. Our country law stipulates that the subject has the public security organ, the procuratorial organ and the judicial organ. But the author thinks that in the present situation of our country judicial practice, Procuratorial organs as an illegal evidence exclusion rules than the public security organs and judicial organs have a more dominant position, The author starts from the three organs of the rule of the application of the status quo, This paper expounds the embodiment of the superiority of the procuratorial organs. Even so, the procuratorial organs in practice the application of illegal evidence exclusion rules are still encountered many difficulties, Mainly from the ideological concept is not enough attention, the legislation is not perfect, the system is not perfect three aspects. Finally, based on the above difficulties, the paper puts forward some suggestions to improve the application of the illegal evidence exclusion rules of the procuratorial organs, Including improving the idea of strengthening the concept, improve the relevant provisions of the legislation of our country, establish and perfect the system of illegal evidence exclusion rules in practice. Trying to make a little contribution to the better application of the illegal evidence exclusion rules in our country's procuratorial organs.