Study On The Problem Of Illegal Evidence Exclusion At Review Arrested Stage

Constitution is explicitly stipulated that respect and guarantee human rights in our country,demonstrate the attitude of preventing cases in which people were unjustly charged and protecting of human rights in China.The criminal procedure law established illegal evidence exclusion rules,perfected the basic legal system of Chinese characteristics,provided China's criminal judicial practice with a strong law system guarantee,powerfully promoted the process of the rule of law in criminal justice.The fundamental value and the goal of Chinese characteristic's illegal evidence exclusion rule is to protect the legitimate right and interest of criminal suspect and defendant,illegal evidence exclusion at review arrested stage is particularly important to human rights protection,has very important meaning to standardize investigators investigation evidence collection behavior in the investigation organ,to ensure the legitimacy of evidence,improve the quality of case arrested,safeguard judicial authority and justice.However in practice judicial,at the current review arrested stage procuratorial organ's illegal evidence exclusion procedure cannot provide strong institutional guarantee for procuratorial organ fully exercise supervision duties given by the law,it is necessary to further improve the current procedure at review arrested stage,this article is mainly about to discuss from the several aspects,in order to give a little bit help for perfecting illegal evidence exclusion procedure at review arrested stage.The main content of this article include four parts.The first part mainly discuss the problems in the judicial practice at review arrested stage caused by the new function of illegal evidence exclusion.By studying on the related literature and cases,the author think that there are two aspects of problem.Firstly,the problems of the substantive rules include boundaries of illegal evidence is not clear;concrete Embodied "threat,enticement,deceit and so on" and other words evidence whether is illegal evidence or not,lack of legal basis for the physical evidence,different understanding to the scope of the illegal evidence;Illegal evidence elimination method and the effect is poor.Second,the problems of the procedural rules include: the process of illegal evidence exclusion is difficult to start,the difficulty of proof,the effect of investigation to verify mechanism is not so well;Third,The rule of relief is incomplete.The second part focus on analyzing the bad cause of illegal evidence exclusion at review arrested stage.For the influence of the traditional "indictment" culture,"interaction" relationship between police and procurator,lead to the current arrest procedure cannot meet the needs of “illegal evidence exclusion” function.The third part is trying to disclose legitimacy of initiation the illegal evidence exclusion procedure in advance from the perspective of the legislative background and legal evidence.Mainly include the legislative intent,rationality of the illegal evidence exclusion function at review arrested stage.mainly include the legislative intent,the rationality of the illegal evidence exclusion function at review arrested stage,which embodied in: source and preposition of this stage,meet the theory of objective obligation of prosecutors,meet the investigation supervision responsibility of The People's Procuratorate.The fourth part is about suggestion of perfect illegal evidence exclusion at review arrested stage,which conclude from the characteristics of the review arrested system and reality of China.The suggestion mainly include four aspects.firstly,change the traditional prosecution concept,strengthen the concept of protect human rights;Secondly,perfect substantive rules illegal evidence exclusion,specific include: clarify the meaning of "illegal evidence",the correct definition of "illegal evidence" and "defective evidence";Thirdly,to further improve the procedures of illegal evidence exclusion,specific include: to strengthen the guide to obtain evidence mechanism for investigation activities,rebuilt initiation procedure of the illegal evidence exclusion at review arrested stage,provide clear procedures requirements for investigation to verify legitimacy of evidence,clear the People's Procuratorate procedure of the illegal evidence exclusion;Fourthly,perfect and specific the relief rules of illegal evidence exclusion.