The Improvement Of The Exclusion System Of Criminal Illegal Evidence In China

Illegal evidence,like cancer,erodes the judicial proceedings and judicial justice of the state.As the organ of legal supervision,the Procuratorial Organ is an important component of judicial justice.The process of investigation and prosecution is a key link of judicial proceedings,in which the exclusion of illegal evidence can not only effectively reduce judicial cost but also effectively reduce the occurrence of miscarriages of justice.Starting from the stage of investigation and prosecution,this thesis discusses the related problems of the exclusionary system of illegal evidence.The first part is an overview of illegal evidence and exclusion system,defining the illegal evidence,analyzing the exclusion effect,and elaborating the rules of illegal evidence.In June 27th of this year,"On the Issues of Strict Handling of Exclusion of Illegal Evidence in Criminal Cases" came into effect and it marks the improvement of the illegal evidence exclusion system in the trial stage.The second part is an overview of the necessity exclusion of illegal evidence in the stage of investigation and prosecution.Starting from the analysis of its meaning and characteristics,this part first discusses the causes of illegal evidence in this stage and then analyzes its differences from the stage of trial.The third part elaborates the problems encountered in the exclusion of illegal evidence at the stage of investigation and prosecution in China.The legal basis,operability,procuratorial independence and the procedure of accountability will be involved to probe into this confusion.The fourth part is solutions to the problems mentioned in part three,which is also key to this thesis.Benefiting from personal practice,this thesis suggests that firstly the procedure of initiation,investigation and identification of the illegal evidence should be improved and speed up the establishment of relevant supporting systems.