Research On The Identification Of Illegal Verbal Evidence In The Case Of Duty Crimes In China

Today,with the increasing emphasis on the protection of human rights,the illegal evidence should be ruled out as one of the basic principles of criminal procedure.Illegal verbal evidence is one of the most common types of illegal evidence,because it has the highest frequency in criminal activities,so it is the most concerned by people.At present,most countries in the world have passed the law to the exclusion of illegal verbal evidence.Scholars from various countries have also made this as a key area of research,and many research results have been obtained.Unfortunately,despite China's "Criminal Procedure Law" also have the corresponding provisions,theorists have done a lot of discussion,but specific to the practice of the case,the evidence which illegal verbal evidence and excluded,is still in the line of law enforcement investigators for the most headaches for them.Therefore,the identification of illegal verbal evidence is still worth our combined with the judicial practice to further explore.This paper studies the identification of illegal verbal evidence from the angle of duty crime cases.The significance lies in:on the one hand,it is because of the identification of illegal verbal evidence that there is a special significance for the case of duty crime.In contrast,ordinary criminal cases except verbal evidence,but also through the material evidence,documentary evidence and expert opinion evidence sufficient to prove the facts of the case,and the duty crime cases have to rely more on the evidence to the verdict.It can be said that the same is the case of illegal verbal evidence,the risk of crimes by taking advantage of duty is far higher than the ordinary criminal cases.On the other hand,whether the procuratorial organs present some special investigative practice is legal or illegal,the theoretical circle has not enough attention,resulting in the practice of criminal litigation between the parties involved in the controversy,and even a "somesentence",we should pay enough attention.In addition to the introduction and conclusion,the full text is divided into four parts:The first part is "the summary of the illegal verbal evidence and its exclusion rules of the duty crime case".First of all,it discusses the concept of duty crime and illegal verbal evidence,and defines the meaning of the two concepts.At the same time,it is also distinguished between the two similar concepts,such as illegal verbal evidence and defective verbal evidence.The second is the development of understanding of the exclusionary rules of illegal evidence,in addition to understand the process of establishment and development of the exclusionary rule of illegal evidence at home and abroad,focusing on China's current legal provisions and judicial interpretation of the illegal evidence exclusion to sort out.The last is that important crimes exclude illegal evidence,namely the crimes of illegal evidence exclusion reflects the basic requirements of procedural justice and procuratorial organs to fulfill their legal supervisory duties,safeguard the inevitable result of social fairness and justice.The second part of "duty crime cases of illegal verbal evidence found that the existing problems and causes analysis" is the focus of this article.In this paper,the root causes of illegal evidence of illegal evidence collection behavior as the research object,but this is not all the result of illegal verbal evidence the evidence collection behavior as the research object,and the problem is the illegal action in the presence of crimes in the identification of each example analysis.In order to facilitate the discussion,the author will be related to the illegal evidence collection into a method of illegal and evidence collection procedures,such as the two categories of illegal.In the former,this paper uses a real case to illustrate the current legal provisions for the crimes committed in doubt;in the latter,this article is about the time limit,the interrogation transcripts of the same letter,repeated confession admissible three in crimes committed in the most controversial identification difficult.All the above problems are summarized and refined from the author's own practice.Based on summarizing the problems on the current situation,this paper has identified the cause of the problem of illegal verbal evidence analysis,to explore the reason why illegal evidence root causes high incidence in the case of crimes in our country and the problem of identification.The third part of "the rule of illegal evidence cognizance standard of some countries and the enlightenment to our country" is a reference to the experience of other countries.This part selected by Germany and Japan as the representative of the civil law countries and the United Kingdom and the United States as the representative of the common law countries in the cognizance of illegal evidence on the regulations as the research object,analysis various countries and relevant regulations in dealing with similar problems in our country,in order to improve the cases of duty crime in China illegal words evidence standard provide reference.The fourth part of the "repair our country duty crime case illegal verbal evidence found that the proposal" is also the focus of this article.In the light of the second part,the third part is the analysis of the relevant national laws and regulations of the merits,combined with China' s reality,put forward the suggestions to perfect the reasonableness and proposed detailed demonstration.It is needed to explain that this paper suggests that it can be used as a foothold in order to facilitate the understanding and application of law enforcement officers in the judicial practice.