Insufficient And Perfection Of Illegal Evidence Exclusion Rules

On March 14,2012,11th NPC's 5th Session, Criminal Procedure Law's Modification Draft has been passed. Before this modifying, Criminal Procedure Law's Modification can be traced back into 1996. About this time changes to the criminal procedure law, based on China's basic national conditions, fully respect and safeguard human rights, to a great extent, supplement and perfect the criminal procedure law before. Illegal evidence exclusion is very important to introducing and establishing human rights'concept in Criminal Procedure Law. As one of the fundamental rule in criminal litigation field, illegal evidence elimination can prevent public power's abusing, promote fairness and justice's achieving, balance very well about the relationship of "punishment crime" & " human rights'protecting". The new "criminal procedural law" defines the scope of illegal evidence clearly, specifics the procedures, states the requirement. Comparing with traditional method, there is greatly improvement and advancement. Even like this, author of this paper believes that provisions of the Criminal Procedure Law's Modification Draft still exist some problems in the legislative practice. This article mainly adopted literature method and comparative research, under the new form of procedure law and perfect the deficiency of the illegal evidence elimination rule are studied, including, the shortage of the illegal evidence elimination rule under the new criminal procedure law mainly reflects in the following aspects, first, the lack of initiative for the processing mechanism of sin, lack of qualified range of forced self-incrimination, lack of specific connotation, the way of "force" the specification of the several aspects to explore from the deficiency of shall not be forced to incriminate himself, in the second place, from the sound recording or video recording of "should" and "can" is not standard, is not yet clear that of sound recording or video recording, unclear studies several aspects discusses the legal consequence of the recording video recording rules exist deficiencies, third, from the legal status of the illegal search to seize evidence is not clear, and unlawful search of, seize the discretion is not clear, illegal search of evidence seized evidence elimination procedures, operation specification is not clear several aspects discusses the illegal search to seize evidence rules, there are some drawbacks in the fourth, from the investigation department internal supervision mechanism is not sound, the judicial review mechanism does not reach the designated position, organs of state power supervision mechanism is weak, the social supervision and pointed out the limited aspects of investigation behavior illegal supervision mechanism is not in place. Against the above, this paper put forward the perfect measures as follows:one is to perfect the supporting system of not self-incrimination, the second is to perfect the entire sound recording or video recording rules, three is to perfect the illegal search to seize evidence rules, four is to perfect the legal supervision system in our country. Hope that through this article research, to improve illegal evidence elimination rule's concept in China and implementation situation in the judicial process.