The Illegal Evidence Excludes The Anplication Status Of The Secondary Court In B City

Practice shows that the inquisition by torture,illegal evidence,is an important cause of miscarriages of justice.The decision in the third Plenary Session of the 18th CPC Central Committee,prohibited the inquisition by torture,abuse,corporal punishment,strict implementation of the exclusionary rule.In the fourth Plenary Session of the 18th CPC Central Committee further pointed out that strengthening the source of illegal evidence inquisition by torture and prevention,improve the implementation of the illegal evidence exclusion of legal principles of the legal system.The revision of the Criminal Procedure Law which passed through the National People's Congress in 2012,for the first time formally established the exclusionary rule on illegally obtained evidence in the form of law.This has a milestone in our criminal legislation,from the root causes to curb the occurrence of miscarriage of justice,and establish a respect for and protect the concept of human rights and the concept of the trial center.Although the relevant legislation and judicial interpretation of our country have made some provisions on the exclusion of illegal evidence,there are still some problems in the judicial practice,how to start the illegal evidence exclusion rule in the trial stage,The academic circles have been constantly studying and exploring.