A Study On Exclusion Of Unlawfully Obtained Evidence In Career Crime Investigation

Evidence is the core content of litigious activity and the true fact of what has happened in the past shall be uncovered through evidence;hence,the legality of evidence is directly related with result justice of litigious activity and judicial authority and how to effectively guide and regulate evidence capturing and make evidence legitimate is an important content and task of criminal litigation system.“Whether the litigation system of a nation is advanced and just depends on its evidence system and evidence rule is the core of evidence system.”[1] The exclusion rule of unlawfully obtained evidence is an important rule for restraining illegal collection of evidence by investigative organization and maintaining procedural justice and it together with the evidence legality determination in it has been widely applied in criminal judicial activities all over the world.In China,the exclusion rule of unlawfully obtained evidence has been determined in criminal procedure enforcement in the two Stipulations issued by Supreme People’s Court and Supreme Peoples’ Procuratorate in 2010 and the Criminal Procedure Law revised in 2012,which indicates that the regulations on exclusion of unlawfully obtained evidence has been developed and improved in criminal litigation system.The development of exclusion system of unlawfully obtained evidence can play an all-around role on career crime investigation and it not only influences the changes of procedure of obtaining evidence,but also the update of investigation spirit.Such influence can be both positive and negative for career crime investigation;on one hand,the appearance and improvement of exclusion of unlawfully obtained evidence can promote the progress of judicial concept and procedural justice so that the human rights can be respected and protected during investigation process and case quality can be guaranteed through regulating evidence collection of investigative organization;however,on the other hand,the stringency of exclusion of unlawfully obtained evidence can induce shock on traditional investigation mode and investigation spirit;moreover,due to the abstraction of regulations on exclusion of unlawfully obtained evidence,divergences many appear on its understanding and due to the lack of practical operability,difficulties may appear on application of exclusion of unlawfully obtained evidence in career crime investigation.In this thesis,with career crime investigation as an example,the difficulties on exclusion of unlawfully obtained evidence in detection work are teased and analyzed through experiential summary method,value analysis method and integrated deductive method,the challenges and tests exclusion of unlawfully obtained evidence may bring to career crime investigation are expounded through specific experience of practice,the dilemmas in exclusion of unlawfully obtained evidence at investigation stage are stated and suggestions for suppressing unlawfully obtained evidence and coping with new evidence requirements in career crime investigation are posed from perspective of judicial practice.