Study On The Difficulties In Applying The Exclusionary Rule Of Illegal Evidence

Following the two evidentiary regulations in 2010 and the Criminal Procedure Law in 2012,China last year promulgated the "Regulations on Several Issues Concerning Strict Exclusion of Illegal Evidence in Criminal Cases",which once again shows that China attaches importance to the rule of exclusion of illegal evidence.The rule of exclusion of illegal evidence originated in the United States.The reason why the rule of exclusion of illegal evidence is widely concerned by the legislature and the theoretical circle in China is because it contains extremely important considerations such as the protection of human rights and due process.Compared with the concept of substantive justice that blindly pursued the fight against crime in the past,it can be said that the rule of exclusion of illegal evidence has become an important symbol of the progress of judicial civilization in a country.However,due to the fact that our country' s rule of exclusion of illegal evidence has just started,it still faces a series of problems.The empirical research conducted by scholars has found that the most prominent problems are difficulties in starting up,troubleshooting,and selective exclusion in judicial practice.This has both the factors of a specific regulatory system and the reasons for the judicial operating environment.Finally,by summarizing and sorting out the legal theory and judicial practice circles' exploration and efforts to overcome the difficult application of illegal evidence exclusion rules,we should put forward reasonable suggestions for further implementation and improvement of the application of illegal evidence exclusion rules,hoping to eliminate illegal evidence in our country.It is helpful to expand the rules and improve the mechanism.In addition to the introduction and conclusion,this article contains a total of four parts.In the first part,historical review of the application of illegal exclusionary rules is difficult.Firstly,the status of the establishment and development of the rule of exclusion of illegal evidence in our country was introduced,and the theoretical basis of the rule was elaborated so as to have a basic understanding of the rule itself.Then from the background of the times,academic expressions and practical expressions,we made a macro introduction to the difficult background and performance of the application of illegal evidence exclusion rules,so as to make it difficult to apply a whole grasp.In the second part,the application of the rule of exclusion of illegal evidence in China is difficult to apply.Through summarizing and collating the relevant scholars' empirical investigation and research,it is concluded that there are fewer cases where the court's expulsion rule in China's illegal evidence exclusion rule initiates illegal evidence exclusion procedures;the defendant's proposal to exclude illegal evidence applications is extremely low;The proportion of evidence excluded after the court investigation was low,and the concrete results were basically not affected after the exclusion of illegal evidence.And from the above four issues one by one to explain and analyze.In the third part,the reason why the exclusion rule of illegal evidence in our country is difficult to apply.After discovering the problem,we can't help but ask why,based on the deep understanding and understanding of the difficult application of the rule of exclusion of illegal evidence,it is time to make a thorough analysis of the reasons behind it.Through the understanding of the practice department and the analysis and analysis of the theoretical community,this article summarizes several reasons for the difficulty of applying the rule of eliminating illegal evidence in China.There are both legislative and legal reasons,as well as the lack of supporting systems.the elements of.The fourth part is to overcome the difficulty of applying the rules of illegal evidence exclusion.First of all,it introduces the exploration of difficulties in the application of the rule of law to overcome the exclusion of illegal evidence.The research in the field of theory is mainly from the rules themselves.Firstly,the connotation of illegal evidence was clearly defined,and the illegal evidence and defamation evidence were distinguished.It was pointed out that only the evidence that infringed on the legal rights of citizens was illegal evidence,and it was the object to be applied to the rule of exclusion of illegal evidence.Only in this way can the application of the rule of exclusion of illegal evidence be limited to a reasonable range.Then it further clarified the identification of illegal forensic methods such as extorting a confession by torture in practice,and put forward a criterion for judging homogeneity and causality.Duplicate confessions that ruled out the possibility of illegally excluding evidence in practical operations put forward principles and exceptions.Moreover,after clarifying what is illegal evidence,it also proposes a hierarchical exclusion model and improves the elimination of illegal evidence.In addition,the theoretical circle also made a useful exploration of the procedural operation of the rule of exclusion of illegal evidence.Since the trial phase is the focus of exclusion of illegal evidence,the discussion focused on issues such as the trial mode and the verification mechanism at the trial stage,and established a procedural procedure for the elimination of illegal evidence in China,and further improved the burden of proof of the exclusion of illegal evidence in China.Proof standard.Next,this paper analyzes in detail the efforts of the judicial practice community to overcome the difficulty of applying the rales of illegal evidence exclusion.Under the guidance of theoretical research,the Chinese judiciary department has further promoted relevant legislative work and introduced new laws and regulations for the exclusion of unlawful evidence,and has made explicit provisions on many legislative deficiencies.Second,in order to create a good judicial environment for the rule of exclusion of illegal evidence,the substantive departments also vigorously promoted the trial-centered reform of the litigation system,perfected the relevant supporting systems,and responded to the problem that judges did not dare to line up or relocate.Strengthened the supervision of judges'job security and discretion.Finally,on the basis of the exploration and efforts made by the legal theorists and the judicial practitioners to overcome the difficulty of applying the rules of exclusion of illegal evidence,this paper puts forward three reasonable proposals for the further implementation and improvement of the application of the rules of illegal evidence exclusion.First,it is reasonable.Determine the guiding principles for the exclusion of illegal evidence that suit China's national conditions so that when a value conflict occurs,reasonable choices can be made.The second is to increase the exclusion of physical evidence.The third is to add exclusion rules for the fruit of poisonous trees to make up for the current lack of legislation,with a view to helping China's criminal lawsuit development and judicial civilization progress.