Research On How Procuratorial Organs In China Apply The Exclusionary Rule Of Illegally Obtained Evidence

As a basic rule of evidence,the rule of exclusionary evidence is of universal significance to the protection of human rights,the maintenance of procedural justice and the fairness of justice.It embodies the value of procedural legitimacy and real truth,And its specific application shows the substantive justice and procedural justice,public power and personal power is inevitable to avoid the conflict,so how to construct illegal exclusionary rule has been a hot topic in the field of evidence law.After the promulgation and implementation of the "Two Evidence Rules",the Criminal Procedure Law of 2013 and the accompanying judicial interpretations,the system of illegal evidence exclusion has been basically established in China,which strengthens the burden of proof of the legitimacy of evidence collection,and clarifies the illegal forensics investigation.Legal responsibility,and through the vertical extension of the time to examine illegal evidence,the scope of the scope of illegal evidence to expand the scope of the subject,etc.,to improve the rule of illegal evidence exclusion to improve the overall system of illegal evidence exclusion to protect human rights,curb illegal forensics,The realization of justice and other aspects of justice is important,reflects the criminal legislation a major step forward.However,this investigation of the investigation organs,the prosecution of the examination and arrest,prosecution work is undoubtedly a serious challenge to the exercise of public power of state organs have played a certain role in the binding.In our country,the exclusionary rule of illegal evidence still has some defects such as unclear definition,weak operability and imperfect matching system.In particular,the rules of "substantive constitution" are biased to the principle,and "procedural implementation rules" are not detailed enough.,Resulting in illegal practice in the scope of evidence to be expanded or narrowed,illegal evidence exclusion procedure is difficult to start and other issues,not only will affect the smooth progress of the proceedings will also affect the legal fairness and justice finally achieved,making the legislative intent of the legislator can not be achieved,But also makes the community's expectations fall.This requires us to continue to carry out theoretical research and practical exploration to gradually realize the comprehensive improvement of the system of illegal evidence exclusion.Because procuratorial organs,which are particularly important in the subject of criminal litigation,have the most comprehensive participation in the various stages of litigation because of their special nature as legal supervisory organ,through the application of the rule of exclusion of illegal evidence in the process of carrying out different procuratorial powers And from the perspective of China's national conditions,from the judicial practice,analysis of illegal evidence exclusion of the status of the implementation of the rule,and by comparing common law countries and civil law countries,the exclusion of illegal evidence rules and the role of prosecutors to explore and respond to prosecution Organs in the application of illegal evidence exclusion rules existing problems,find new ideas to make up for the shortcomings,put forward and improve the implementation of illegal evidence exclusion rules corresponding countermeasures to promote China's criminal proceedings theory,legislation and judicial practice of scientific and democratic And modernization,it is of great significance to perfect the exclusionary rule of illegal evidence in our country,and then to forecast the development trend of criminal procedure in our country.