Exclusive Rules Of Illegal Criminal Evidence

The rule of illegal evidence exclusion is that in criminal proceedings,the investigation organs and their staff in order to obtain the illegal method of evidence does not have the ability of evidence,shall not be adopted as the basis of the facts of the case.This is an important evidence rule in the world.As a kind of illegal evidence exclusion rules to safeguard judicial justice in the form of the creation of relief measures,which originated in the Fourth Amendment prohibits illegal search and seizure,the main intention is to limit the illegal action police offenders effectively protect the litigation rights,realization of procedural justice.In our country the formal sense of the exclusionary rule of criminal illegal evidence is only established in 1998,the practice of illegal evidence exclusionary procedure in 2010 is "on the judge for review of death penalty cases" provisions of evidence problems and "on the handling of criminal cases in addition to some problems of row provisions" illegal evidence issued formally established the basic spirit of the criminal procedure law in 2011 revised also absorbed the above "two rules of evidence",the exclusionary rule of illegal evidence into them,but how can be used in the process of handling the rules out of body,is a problem worthy of further study,but also related to procedural justice the concept of the rule of law can be realized in the implementation of the new criminal procedure law.The present situation of the illegal evidence exclusion rules in China is from the legislative and judicial status.China's criminal procedure lawand relevant judicial interpretations have taken a complete denial of the attitude of the illegal evidence,but illegal evidence can be excluded in the procedure,the proof of qualification to be negative,but there is no clear provisions of the criminal procedure law of our country,only for the prohibition of illegal evidence made clear."People's Republic of China criminal law"(Amendment eight),from the legislative level for the first time established the exclusionary rules,the basic form of governance of the scientific evidence system Chinese inquisition by torture in judicial practice.Secondly from the judicial status quo.Although our criminal procedure law and relevant judicial interpretations prohibit illegal search and seizure,but the real evidence obtained illegally for failing to make clear the rule,it is in violation of legal procedure in judicial practice,the evidence obtained almost will be used;the criminal procedure law and judicial interpretation in our country has made Ming civilization no evidence of illegal words evidence,but the inquisition by torture still occur.To improve the rule of illegal evidence exclusion in our country,we should change the judicial idea,break through the traditional legal thought,establish the concept of human rights protection,the concept of control and due process.Freed from the bondage of the traditional legal theory.First of all,to improve the constitution of the illegal evidence exclusion rules of the relevant provisions.Illegal evidence exclusion rule system involves the basic rights of the people and the distribution of national public power,so he is also a constitutional issue.China can learn from the western rule of law in developed countries,followed by the procedural law to be improved.The relevant supporting system to establish the rule of illegal evidence exclusion.First,there must be evidence of the source of the security system.Including the scope of the admissibility of evidence and the types of evidence adopted;to give evidence of the investigation and evidence of the application of the means and authority.Second to have a standardized evidence behavior.Not only including the norms of judicial staff to collect evidence behavior but also to regulate the behavior of other litigation participants in evidence collection.Third to strengthen the supervision of the procuratorial organs of investigation activities.The procuratorial organ is the state legal supervision organ,and the supervision of the investigation activities is the sacred right endowed by the Constitution and the criminal procedure law.When you need to take seizure,seizure,search and other compulsory criminal investigation in the process of investigation and evidence collection,first principle to the procuratorial organs filing for some major cases,but also the first newspaper decided to approve the procuratorial organs,only a very urgent situation to the investigation organ to decide,but after going to the procuratorial organs filing.So the production of illegal physical evidence will be greatly reduced.