On The Application Of Procuratorial Organs In China To The Rules For The Exclusion Of Illegal Evidence

Illegal evidence is an important factor restraining criminal proceedings in our country,not only interfere with the normal criminal lawsuit activity,more important is that it violated the lawful rights and interests of the parties,is huge.Criminal procedure law of our country as well as the two related evidence rule of illegal evidence exclusion rules,tries to curb illegal evidence in criminal proceedings to high.However,in J city attorney to deal with the illegal evidence exclusion of case as you can see,no matter on the number of cases,or on the actual effect is not so good.Therefore,how to further perfect the illegal evidence exclusion rule,in the control offect of the application of the illegal evidence play their is a problem worth thinking about.This article is divided into four parts.The first part introduces the Anglo-American law system and continental law system of the illegal evidence exclusion rule applies,and found that the legislative and judicial experience of these countries,for the illegal evidence exclusion rule in our country and perfect the rules provide can reference material.Rules of excluding illegal evidence in our country development time is shorter,there are many shortcomings,but the generation and development of the illegal evidence exclusion rules for the construction of our country under the rule of law and the improvement of the criminal justice provides the guarantee.The second part introduces the applicable range of the illegal evidence elimination rule,range is too wide can affect the effect of the case,too narrow the scope will be useless to illegal evidence elimination rule,therefore appropriate limit of the illegal evidence exclusion range applicable to procuratorial organ illegal evidence exclusion rule is particularly important.Illegal evidence exclusion rules of procuratorial organs is not optional,it is directly related to the exercise of procuratorial organ function and basic human rights protection effect on the parties,so the procuratorial organ for illegal evidence exclusion rule has the necessity.The third part through the two typical cases in the applicable rules of illegal evidence of procuratorial organ problems and its reason was analyzed.Through the analysis we can see that the procuratorial organs apply there are four aspects of the illegal evidence elimination rule restrictions,these limitations affect the actual effect of execution.These issues,the reason can be through the two aspects of the causes,including subjective reasons and objective reasons.The fourth part analyzes the problems existing in the procuratorial organs applicable rules of illegal evidence and their reasons,then puts forward the corresponding countermeasure appears extremely necessary,is also the significance of illegal evidence rule of procuratorial organ.In addition to the four aspects of the perfect Suggestions are put forward,and pay attention to the procuratorial organ in the illegal evidence exclusion rule two overlooked problem is very necessary,is also the procuratorial organs can achieve actual effect of the illegal evidence exclusion rules shall apply the content that nots allow to ignore.