On The Rule Of Exclusion Of Illegal Evidence In The Stage Of Review And Prosecution

The paper analyzes the current situation of illegal evidence exclusion of the prosecution phase, the concept of evidence through illegal start, from shallow to deep analysis of the prosecution phase of the illegal evidence exclusion rules. By the provisions of rules to compare different law countries, as well as significance in China, analyzing disadvantages of rules apply: including associated in the prosecution phase of the legislation is not clear; the prosecution phase applies hardship rule; prosecution evidence way too formal review stage; the prosecution phase of the prosecution applicable rules negative attitude; identification stage of the prosecution of illegal evidence and other issues unclear. Further analyze the reasons for these problems, after absorbing the foreign rule theoretical basis and practical experience to our stage of the prosecution rules apply by improving the comments, starting with in-depth follow-up and implementation of illegal evidence exclusion mode, we have to break traditional concept, not only to strengthen the prosecution phase of the protection of human rights, but also to strengthen the prosecution phase of the prosecution's evidence and the ability to review the prosecution of illegal evidence exclusion start ex officio efforts. Finally, based on the establishment and improvement of "rules" on supporting the establishment of disciplinary compensation system and other supporting systems for the prosecution phase of the "exclusionary rule" applies to perfect.