A Study On The Prosecution Adapting To The Illegal Evidence Exclusionary Rule

The illegal evidence exclusionary rule was established in Weeks v. United States case,the rule has been adopted by many countries and regions in the world and it has also been identified by the international criminal justice standards. The Chinese criminal procedure law is defined by the legislation. In China, the prosecution not only undertakes the right of investigate and public prosecution, but also exercises the function and power of legal supervision. The double features and the characteristic of whole-course part in criminal procedure for prosecution has decided the important role of excluding illegal evidence in criminal procedure. In recent years, due to torture,human right violations, miscarriage of justice, such exclusion rule in Chinese development has become a hot topic. This paper focuses on the prosecution, uses the method of comparative analysis, document analysis and case analysis,in order to analyze the relevant content of the prosecution adapting to the illegal evidence exclusionary rule in criminal procedure.First, introduce the common knowledge of the prosecution adapting to the illegal evidence exclusionary rule. This section focuses on the following concept :the concept of the illegal evidence exclusionary rule, the affect,the judicial analysis and the theory value of the prosecution adapting to the illegal evidence exclusionary rule.Second, summarize the present situation of the prosecution adapting to the illegal evidence exclusionary rule in pre-trial. This section mainly recommends the application of two stages, which includes the authorization for arrest and the charge.Third, conclude the following questions according to the last content: One, the rule is short of practice. Another,the prosecution has a negative attitude towards the rule.The third, the judicial administration intervenes. Finally, supervision by public opinion disturbs the rule.Forth, put the extraterritorial investigation of illegal evidence exclusionary ruleinto effect. The section choose the typical legislation and case from the common-law system and the civil law system, in order to sum up the inspiration and reference which is suitable for our country.Last, based on the practice of China and the extraterritorial experience, answer the question which happened in the prosecution adapting to the illegal evidence exclusionary rule. The suggestion consists of the following content: firstly, refine the illegal evidence exclusionary rule. secondly. establish the prosecution internal excitation mechanism. thirdly, establish the firewall in order to prevent the judicial administration intervention. finally, achieve the positive interaction with the prosecution and the public opinion.