The Procuratorate Ruled Out Illegal Evidence Research

In 1914,the United States Supreme Court tried to establish the exclusionary rule of illegal evidence in the case of Weekes v.the United States,after nearly a hundred years of development has now reached a more mature stage.Along with the mutual integration between different countries of Anglo American law system and continental law system,the exclusionary rule of illegal evidence has been the vast majority of the countries in the world,China established in 2012 "Criminal Procedure Law" in the rules as the basic rules of litigation activities.The procuratorial organ is the provisions of our constitution has the duty crime investigation right,the right of public prosecution as well as the legal supervision organ,power characteristics and its unique attributes the whole complex involved in litigation activities,determines the procuratorial organ plays an irreplaceable important role in the exclusion of illegal evidence.In this paper,the procuratorial organs in the exclusion of illegal evidence in view of the problem,using the method of comparative analysis,value analysis and thinking method combined with empirical,the exclusion of illegal evidence rules in the process of relevant content for procuratorial tache of interpretation and analysis.The main content of this paper is divided into four chapters besides the introduction.In the second chapter,the author mainly expounds the theoretical basis: firstly,exclusion of illegal evidence in the prosecution should include three contents,namely the theory of procedural justice,objective and fair duty theory and the theory of legal supervision;secondly,in criminal proceedings in the exclusion of illegal evidence not only reflects the protection of human rights and restricting public power value is need to maintain the credibility of the judiciary and judicial dignity.In the third chapter,discusses the procuratorial organs in self investigation cases,methods of procuratorial organs for the exclusion of illegal evidence and grasp the prevention,self investigation cases are different from other cases of uniquecharacteristics,especially in recent years the emergence of new features,according to these new characteristics,this paper puts forward the corresponding methods,relative the transformation of the whole video,for example,too much emphasis on proving confession mode,pay attention to the role of lawyers,strengthen supervision and change our judicial idea.After that,the author analyzes the present situation of illegal evidence exclusion in China and puts forward some reasonable suggestions.In the fourth chapter,this chapter mainly discusses the following contents.At the trial stage,the procedure of excluding illegal evidence still includes two functions,namely,power and application.The procedure of excluding illegal evidence and the relief of illegal evidence.The burden of proof of the legitimacy of evidence is in principle borne by the prosecution,but for different forms of illegal evidence,the burden of proof will be different.The procuratorial organ should choose the proper proof to prove the validity of the evidence,and prove that the activity must be up to the proper standard of proof.In the fifth chapter,the author mainly discusses the content of the legal supervision of the illegal evidence in the criminal proceedings.The procuratorial organ's legal supervision over illegal evidence in criminal proceedings includes the supervision of public prosecution cases and the supervision of private prosecution cases.The legal supervision of the prosecution's case,supervision is divided into pre-trial stage illegal action and supervision of the exclusion of illegal evidence in the trial stage,the legal supervision of the trial stage is the main supervision of the people's court is in strict accordance with the applicable rule of exclusion of illegal evidence and guarantee the rights of the defendant.For the supervision of private prosecution is the focus of this chapter,this is because China's laws on private prosecution is too vague,aiming at the problems put forward the corresponding improvement methods,for example,improve the relevant legal provisions,procuratorial organs for internal settings make the corresponding reform,perfect the supervision methods of procuratorial organs and the supervision work to strengthen the procuratorial organs.