On The Application Of Illegal Evidence Exclusion Rule In Procuratorial Practice

The Provision on Some Questions of Review and Judgment Evidence of Death Penalty Case and the Provision on Some Questions of Illegal Evidence Exclusion in Criminal Case-handling,namely two rules of evidence,issued by Supreme People's Court and Supreme People's Procuratorate,Ministry of Public Security,Ministry of State Security and Department of Justice in 2010 have systematically specified all the provisions on illegal evidence exclusion and represented the official construction of this system in China.The latest amendments of Criminal Procedure Law in China have confirmed the above provisions from the legislative level in 2012 which means the final establishment of criminal illegal evidence exclusion rules in China.The revised Criminal Procedure Law has confirmed the specific application of illegal evidence exclusion rules,cleared the dominant role of the procuratorial organ in exclusion procedure and thus affirmed that the illegal evidence exclusion rules have Chinese characteristics.However,for the contents of rules have a strong principle and fails to make thorough rules on detailed operation specifications,there are certain of difficulties in the practical operation.On the basis of that,the paper set about from the related directions of the procuratorial practice and put forward corresponding suggestions on how to optimize the new supporting rules and how to carry out the tasks from the perspective of prosecution based on the system.Except the introduction and the conclusion,the paper was divided into three parts.The first part introduced the basic contents and various problems of illegal evidence exclusion rules in China.The key problem was the confusion in specific definition,like the corresponding applicable procedure is ambiguous and the remedy procedure of retrial is incomplete.The second part explained the crucial role played by the procuratorial organ in illegal evidence exclusion,namely to restrain the generation of illegal evidence and to perform the supervision power of procuratorial organ.Besides,under the background of 18 th National Congress of the Communist Party of China when the anti-corruption effortis strengthened,the applicable illegal evidence exclusion difference between duty crime and non-duty crime cases also known as ordinary criminal cases was put forward when procuratorial organ handled a specific case.The third part was the focus of the full text and it started from the application of illegal evidence exclusion in duty crime and non-duty crime cases.Besides,the existing problems,working mode,the psychological localization and evidence collecting approaches in application of duty crime were rather challenging.Then,approaches like transforming working concepts,correct distinction of questioning and confession by inducement,working devices update should be adopted based on practical procuratorial work to perfect the specific application of system.And regarding specific application of the system under the related circumstance of non-duty crime cases,suggestions on how to perceive the existing illegal evidences,how to exclude other evidences that are derived from illegal speech evidences,real evidences and illegal evidences are proposed correspondingly.Finally the paper introduced applications of the illegal evidence exclusion in trial stage and analyzed how to start the illegal evidence exclusion procedures,the problems in problem initiation,and the difficulty in initiation,and then put forward the significance of remedy mechanism establishment.To both of the duty crime and non-duty crime cases,the source of illegal evidences should be restrained.In the meantime,application and supervision should be applied to make exclusion rules work well so as to fight the crimes and protect the human rights.