On The Remedy Of Criminal Defamation Evidence

Judging from the process of the democracy and the rule of law in China,it is of great historical and practical significance to establish the exclusionary rule of illegal evidence in the criminal procedure rules.The question on torture originating from judicial practice which people are concerned about often plays a shocking role.A series of miscarriages of justice such as Du Peiwu Case and Zhao Zuohai Case which have attracted more attention and been discussed by more people in the recent years,are caused by torture.Therefore,it is imperative in any country under the rule of law to establish the exclusionary rule of illegal evidence in the Criminal Procedure Law.Correspondingly,it has been the focus and difficulty in judicial practice how to really inform investigators of the collection and use of evidences to play a role in the legal sanctions and rescue of the illegal evidence collecting behavior so as to make cases confirmed by evidences really.By analyzing and interpreting Sun Linhai Case in detail from the concept,classification and remedy of defective evidences,it is concluded to perfect the defective evidence remedial system,further standardize the procedure of investigation and interrogation,perfect the legal proof mechanism of investigation and evidence collection,and give full play to the legal supervision role of procuratorial organs to supervise the legality of investigation and evidence collection so as to meet the need of the democracy,the rule of law and the justice of cases in China.