Research On The Rule Of Criminal Illegal Evidence Exclusion In China

In criminal proceedings,the evidence is the basis of the facts of the case,and the quality of the evidence is directly related to the realization of the fair value of litigation.The so-called illegal evidence refers to the evidence obtained by the investigators using illegal means,and it is one of the important reasons that the illegal evidence is based on the identification of the facts of the case.Therefore,it is of great significance to establish illegal evidence exclusion rules and exclude illegal evidence from the case basis.In our country,the establishment of the illegal evidence elimination rule on July 1,began in 2010 the supreme people's court,the supreme people's procuratorate,ministry of public security,state security,the ministry of justice jointly issued the "criminal case about some issues of exclusion of illegal evidence rules(hereinafter referred to as the" two senior department "" row of the regulation "),the regulation has set up a basic framework for the rules of excluding illegal evidence in our country.Later,on March 14,2012,the criminal procedure law of the People's Republic of China(hereinafter referred to as the " criminal procedural law "),will be written in the basic law,the illegal evidence elimination rule to endow them with legal status.In June 2017,two senior department jointly issued the " strict provisions on some issues of excluding illegal evidence,from the aspects such as investigation,prosecution,defense and trial to perfect the content of the illegal evidence exclusion rule,make the rules more clear,specific,interoperability is stronger.However,there are still some problems to be solved in China's illegal evidence exclusion rules.In this paper,we try to solve the problem of the rule of illegal evidence exclusion,and propose a solution,which is helpful for the improvement of illegal evidence exclusion rule in China.In addition to preface and epilogue,the full text is divided into four parts: the first part introduces the meaning of illegal evidence.In the narrow sense of illegal evidence,this paper argues that the illegal evidence is the evidence obtained by the investigators in violation of the legal procedures,including the illegal words evidence and the illegal physical evidence.Illegal evidence is different from flawed evidence.The second part examines the relevant evidence rules of representative countries outside the region.Eliminating rules through comparison and analysis of freedom in the United States,Germany,evidence of banning illegal evidence exclusion rule,rule and Japan summary for perfect draw lessons from the experience of the illegal evidence elimination rule in our country.The third part explores the existence of illegal evidence exclusion rules in China.The rule of illegal evidence exclusion in China mainly includes the problems such as limited scope of exclusion,absence of remedy mechanism,difficulty in proving legality,unclear standard and inconsistent decision criteria.The fourth part puts forward the idea of improving the rule of illegal evidence exclusion in China.The rule of illegal evidence exclusion in our country can be improved from the extent of moderate expansion,the addition of relief mechanism,the improvement of the proof mechanism,the explicit exclusion criteria,and the strengthening of the theory of the instrument.