Research On Procuratorial Work On Rule Of Exclusion Of Illegal Evidence

In 2012,the revision of criminal procedural law,which has created a number of historical records in the history of legal system of our country,is a great event in the process of rule of law in our country.It made a significant contribution to the improvement of basic legal system of socialism with Chinese characteristics constantly and effectively promoted the judicial reform in our country.Illegal evidence exclusion system,as an important system in China's criminal proceedings,has also been a greater degree of modification in the process of the law amendment.Based on the special rule of law situation of China,the new law for prosecutors on the exclusion of illegal evidence made hard rules and a certain degree of refinement.Undoubtedly,it has important significance for investigating behavior of the procuratorial department,improving the quality of cases of people's Court in the courts,and guaranteeing the legitimate rights and interests of stakeholders.Although the criminal procedure law has promulgated and implemented,the effect of illegal evidence exclusion is not satisfactory.Recently,from Qian Renfeng Case and Chen Man Case,it is not difficult to see the existence of extorting confessions by torture and other illegal behavior of evidence collection,and after many years,injustice suffered a great trauma on the body and mind of the clients and their families,which is unable to use money to measure and compensate for.Justice delayed is justice denied.In judicial practice for a variety of subjective and objective reasons,the procuratorial department found and ruled out illegal evidence,which exposed a lot of problems,and the design of the system is not completely consistent with the original intention.How to make the procuratorial department to find and eliminate illegal evidence correctly and quickly,so that their positive role can play the maximum extent,which is the urgent need to solve the problem.This paper is divided into five chapters,the first chapter is the introduction part,which mainly explains the research background,research significance and research methods and innovations;the second chapter of the exclusionary rule of illegal evidence in detail,including the origin of illegal evidence exclusionary rules in China,the development of legislative evolution,the concept of illegal evidence,distinguish between the illegal evidence and the defective evidence and the illegal evidence law interpretation;the third chapter is mainly about the perplexity to apply the exclusionary rule of illegal evidence in the prosecution links,including the two aspects of theory and practice.It put out difficulties and doubts the rules applicable to the stage of illegal evidence;the fourth chapter mainly aims at the problems of analysis;the fifth chapter is to put forward the solution of the question;the sixth chapter is the conclusion part and the summary of the thesis,pointting out the key is to improving the system and enhancing their understanding.