The Research For The Police To Court System Under Illegal Evidence Exclusion

In comparison with civil law system and Anglo-American law system countries,the system of policemen to witness in court in China had been started latterly,and it has became formally in Criminal Procedure law in 2013.In the criminal procedure law,the relevant laws stipulate that the police can testify in court on the legality of the evidence in the case and the circumstances of the crime.At present,the situation of the low court rate of our witnesses in criminal proceedings has been improved,with the deepening of criminal litigation reform.In particular,police witness has increased significantly in the number of witnesses appearing in court.Based on various reasons,the situation of the police in court is less than developed countries.In the case of illegal evidence exclusion,police to court was a case of police testimony.It plays a significant role in explaining for validity of evidences,as the miscarriages of She Xianglin,Li Jiuming,Du Peiwu,Nie Shubin,Huge Jile Tu be exposed by reports,we realize that lawlessly obtained evidence is very harmful to individual,country and society.Police to court is a way to rule out lawless evidence,which is clean-cut,intuitive,and irreplaceable.I would like to discuss the necessity of the police to testify under exclusionary rule of lawlessly obtained evidence in my paper.My paper mainly includes:(1)protection of human rights,and prevent the indictment and abuse;(2)improving the capacity of criminal law enforcement and enhancing the validity of the investigation procedure;(3)improving the negative impact,against malicious confession behavior;(4)strengthening the evidence and saving judicial resources;(5)laying the foundation for system of police testifying.Then,I analyzed the reason why the police to testify under current illegal evidence exclusion rate low,including:the influence of the traditional litigation model;avoiding the risk of laws;deficiency of laws and regulations.Under exclusionary rule,for improving the rate of police to court,I make some reasonable suggestion and take some steps:(1)changing preconceived notions;(2)improving and perfecting conventional litigation mode;(3)perfecting the legislation;(4)using "report" properly;(5)other aspects.I hope I could make some contribution to the police to court under exclusionary rule of lawlessly obtained evidence.I believe that though effort of judicial organs,social organization,and individuals,the illegal evidence exclusion the police to court system will developed rapidly.