The Deficiency And Perfectionof The Rule Of Illegal Evidence Exclusion In The Stage Of Examination And Prosecution

In recent years,the She Xianglin case,Du Peiwu case,Zhang Shuzhi and other miscarriages of justice seriously attracted wide attention.Them affect public credibility of the judiciary,The Supreme People's Procuratorate,in-depth analysis of the main reasons of these countless mistrials and perversions of justice is investigating authorities used illegal methods to obtain evidence,The procuratorial organs,judicial organs are failing their duties to excluse illegal evidence,The error caused by the illegal evidence admissible.As the main body of evidence collection,the nature of investigative organization cause difficult for the investigation organ to make objective self-examination of its own work.While the judiciary has the final right of admissible evidence,However,due to the case into the trial phase of the case has experienced a long process,from the time of the incident has been a long time,a lot of illegal evidence of precipitation and the evidence of the "legal",has not seen its authenticity.The people's Procuratorate as the legal supervision organ has the responsibility to review the prosecution,The people's Procuratorate for the stage of Review and Prosecution is the end of the investigation of the case transferred to the prosecution of the case facts and evidence to conduct a comprehensive review,an independent stage of the proceedings to prosecute or not to prosecute the conclusion according to the specific circumstances of the case,lack of evidence,the facts are unclear cases of filtration,has the important responsibilities of the exclusion of illegal evidence.In the stage of Review and Prosecution,the exclusion of illegal evidence can effectively prevent the illegal evidence from entering the trial procedure,and avoid the influence of the judge's judgment on the facts of the case.However,despite the introduction of a large number of illegal evidence exclusion rules of laws and regulations,judicial interpretation,but the application of illegal evidence exclusion rules in the stage of Review and Prosecution is not optimistic.this paper will take the stage of review and prosecution as the starting point,discusses the application and perfection of exclusion of illegal evidence.In addition to the introduction,the main content is divided into three parts:The first part mainly introduces the current situation of the legislation of the illegal evidence exclusion in the examination and prosecution stage and the construction of the legal value of the illegal evidence exclusion rules.The second part elaborates the problems and causes of the application of the illegal evidence exclusion rules in the judicial practice.The concept stage using the exclusionary rule of illegal evidence in judicial practice of the prosecution including prosecutors the exclusion of illegal evidence,the defense is not high proportion of participation is not strong,the illegal evidence is not clearly defined,the exclusion of illegal evidence in the legal process of operation chaos.The causes of these problems mainly include the concept of law enforcement,law enforcement capacity of the procuratorial organ is difficult to adapt to the requirements of the new law;for the full attention of counsel;the law and judicial interpretation is not specific;operability of the exclusionary rule of illegal evidence;the related mechanism is not perfect etc..The third part is the core part of this paper shows the results of this study,is the focus of this article,in view of the illegal evidence in the practice difficulties of application,put forward methods to improve the prosecution of illegal evidence exclusion rules in our country review.The main points for changing the concept of law enforcement,improve the evidence exclusion ability;improve the relevant judicial interpretation,issued guidance case;construction of the stage of review and prosecution of illegal evidence exclusion procedure system;perfect exclusionary system supporting mechanism etc.