A Study On The Problems Of Illegal Evidence Exclusion Procedure In The Review And Prosecution Stage

It is an important Institutional innovation to establish illegal evidence exclusion procedure in the stage of review and prosecution,but the deficiency of this procedure significantly restricts the reflection of the value of illegal evidence exclusion procedure.It is thus necessary to conduct a comprehensive research on the illegal evidence exclusion procedure in the stage of review and prosecution,finding the way to improving the procedure.The main body of this thesis consists of five parts.Part one gives a jurisprudence analysis about the illegal evidence exclusion procedure in the stage of review and prosecution.First of all,the analysis on the provisions of the Constitution and the purpose of criminal procedure highlights the idea of safeguarding human rights.Secondly,the illegal evidence exclusion procedure itself embodies the inherent requirements of procedural justice and promotes the realization of substantive justice.Finally,based on the prosecution of public prosecution tasks and investigation and supervision functions,this thesis analyzes the necessity of establishing this procedure.Part two delivers a legal analysis on the illegal evidence exclusion procedure.First,the thesis analyzes the difference between illegal evidence exclusion procedure and general evidence exclusion procedure,and gives a basic interpretation on the application of illegal evidence exclusion rule.And then analyzes the characteristics of the illegal exclusion procedure in the stage of review and prosecution and paves the way for the further analysis of the existing problems.Part three mainly probes into the specific problems of the illegal evidence exclusion procedure in the stage of reviewing the prosecution.Through the study of relevant documents and cases as well as field investigation,we found that there are four main problems.First,the exclusion procedure is difficult to start.Passively starting the illegal evidence exclusion procedure is not very common,while actively starting the procedure is much more difficult.Second,the review method and process is relatively simple.The main materials used for review are provided by the investigation authorities,the way of investigation is obstructed,and illegal evidence is also hard to find.Third,illegal evidences after the supplementary investigation are weakened.And the exclusion method has hidden flaws.Fourth,there is no duty of disclosure about illegal evidence exclusion and the role of the lawyers is relatively insignificant.Part four analyzes the causes of these procedural problems.Closed and outdated idea on reviews,the cognition of the priority of the entity and the constraints among investigation centers is the root cause.The shortcoming of evidence law study,the absence of external examples,the weakness of defense rights and the strong position of public prosecutors makes the process running poorly.Part five is,based on the characteristics and practical requirements of the review and prosecution stage,puts forward the suggestions for perfecting the exclusion of illegal evidence in the prosecution stage,including: changing the concept of complaint and insisting on procedural justice;refining the start procedure of illegal evidence exclusion procedure;improving the review mechanism,correctly distinguishing illegal evidence and defect evidence,and regulating the use of "situation statement";improving the disposal procedure of illegal evidence exclusion procedure and enhancing the illegal evidence transfer system;strengthening the safeguarding measures on the illegal evidence exclusion procedures: set duty of disclosure about illegal evidence exclusion procedure;strengthen the investigation and supervision,duty accountability about illegal evidence exclusion and ensure lawyers play an important role in the illegal evidence exclusion procedure.