On Illegal Evidence Exclusion Rule In Prosecute Examining Stage

Illegal evidence is the evidentiary material with illegal factors, which the law-enforcement officers have violated the legal rights of the person being obtained to collect evidence. Illegal evidence includes physical evidence and verbal evidence. The original form of Illegal evidence exclusion rule emerged in the United States in the late nineteenth century, with the introduction of a series of laws and regulations about the rules in the judicatory practice of China, the system of illegal evidence exclusion rule with Chinese characteristics is Gradually set up, and it follows the rules of enforcement, discretion, rectification, program priority and the sharing onus of proof.The application of illegal evidence exclusion rule in prosecute examining stage of procuratorate, plays an important role in the judicial practice of China. At the same time, the application is facing the the value choice of program or freedom, fair or efficiency. On the one hand, excluding illegal evidence can protect the legitimate rights of the citizens, truly embody the principle of "procedural justice"; on the other hand, if illegally obtained evidence and the facts of the case have considerable relevance, but the important evidence is excluded, it will not be conducive to improving the efficiency of handling cases, and even cause the indulgence of crime, obstructing the realization of "result justice". Overall, the main value of illegal evidence exclusion rule in prosecute examining stage of procuratorate demonstrated by protecting human rights, limiting public rights, ensuring justice, and balancing the legal supervision and litigation functions of procuratorate.In this paper, the author firstly review the program design of the illegal evidence exclusion rule in prosecute examining stage of procuratorate, and takes the procuratorate of K city as an example, analyzes its practical difficulties and the lack of legislation. In practice, the first one is the role conflict of supervision and litigation of procuratorate, the second one is the initiative of procuratorate to start the exclusionary rule is not enough; the third one is the illegal evidence is not clearly defined; the last one is the rule of illegal evidence exclusion has certain limitations, such as the victim and their families, the judicial organs of their own assessment, public opinion and other external factors. On the aspect of legislation, the first one is the drawback of starting the procedure, mainly because the legal provisions are not clear enough, the initiation scope of the rule is not comprehensive; the second one is about the investigation mechanism of illegal evidence, mainly because of the single source of evidence, the less means of investigation.In combination with the current situation and inadequacy of the application of the illegal evidence exclusion rules in prosecute examining stage of procuratorate, the paper puts forward the improvement measures from two aspects of practice and legislation. At the practical level, the separation of the functions of the prosecution and legal supervision should be heeded, and implement case guidance system. At the legislative level, the definition of illegal evidence should be accurate, the initiation mechanism and illegal evidence investigation mechanism should be proved.