Research On The Illegal Evidence Exclusion System

In judicial practice,the exclusion of illegal evidence is difficult to define,difficult to prove and difficult to exclude.The procuratorial organ is the state's legal supervision organ,and the Constitution and law give it full supervision over criminal proceedings.The diversification of the procuratorial power of procuratorial organs and the uniqueness of various links in criminal activities have determined the inevitability,importance and complexity of the procuratorial organs to exclude illegal evidence in criminal proceedings.This article,taking the procuratorial organ as the angle of view,uses the method of value analysis,comparative analysis and speculation and demonstration,and combs the achievements and difficulties of the procuratorial organs to exclude illegal evidence from the legislative and procuratorial judicial practice,and finally makes relevant ideas and suggestions and puts forward the system conception of improving the exclusionary rule of illegal evidence.In addition to the preface,the full text is divided into four chapters.In the first chapter,the author expounds the connotation of the procuratorial organ's elimination of the illegal evidence system,and analyzes the theoretical basis,value orientation and significance of the procuratorial organs to exclude illegal evidence in criminal proceedings.To clarify the connotation of the system of excluding illegal evidence by procuratorial organs,the key is to clarify the connotation of illegal evidence.Most people in the theoretical and practical circles of criminal procedure law in our country believe that illegal evidence refers to the evidence that the case handling personnel violates the rights,procedures or other illegal methods to collect the evidence,that is,the illegal collection.The procuratorial organ of our country is the legal supervision organ.The Constitution gives the procuratorial organ the function of supervising the whole process of the criminal procedure,and the exclusion of illegal evidence is a concrete embodiment of the exercise of supervision by the procuratorial organs of our country.The theoretical basis for the procuratorial organs to exclude illegal evidence includes three contents: the theory of procedural justice,the theory of legal supervision and the theory of objective justice.The construction and perfection of the procuratorial organs to exclude the illegal evidence system is beneficial to the protection of human rights and the limitation of public power and the improvement of the public trust of the judiciary.To improve the efficiency and justice of the trial.In the second chapter,the author summarizes the current situation of the legislation of our procuratorial organs to exclude illegal evidence and the achievements made in the operation of judicial practice.In our country,the legislation of excluding illegal evidence started relatively late.The criminal procedure law has not involved the relevant contents of the exclusionary system of illegal evidence for a long period of time.In 1996,the revised criminal procedure law introduced the concept of the exclusionary rule of illegal evidence for the first time andstipulated the prohibition on the evidence collection by the investigative organs;1998 the interpretation of the criminal procedure law clearly collected the illegal methods.Evidence can not be used as a consequence of the basis of the case.In May 2010,the "two high three departments" jointly issued the provisions on Several Issues concerning the examination and judgment of death penalty cases and the provisions on dealing with the problems of removing illegal evidence in criminal cases for the first time,making more detailed provisions on the connotation and extension of illegal evidence,the exclusion process and the standard of proof by the legislative form.In June 2017,the "two high three departments" jointly issued the "strict exclusion of illegal evidence regulations",which put forward higher requirements for the case handling personnel to strictly exclude illegal evidence,which marks a key step in the criminal legislation process of the illegal evidence exclusion system in China.In the past more than 20 years,our country has actively explored and perfected in the legislation of excluding illegal evidence,which has great significance for guiding judicial personnel to engage in criminal proceedings.The procuratorial organs of our country,as the main force of the exclusionary rule of illegal evidence,have decided not to arrest 2624 people and not prosecute 870 people since the exclusion of illegal evidence since 2013.It has made certain achievements,mainly in the pluralism of the exclusionary link of illegal evidence,the exclusion of the variety of illegal evidence and the use of exclusionary rules,which can have certain restraining effects on illegal evidence.In the third chapter,from the two aspects of legislative rules and procuratorial organs' judicial practice,the problems and troubles of procuratorial organs in excluding illegal evidence are discussed.In legislation,the design of exclusionary rule of illegal evidence needs to be improved.From the contents of the "strict exclusionary rule" promulgated in June 2017,the interpretation of the word "etc." after the extorting of confession by torture in the article of law,although the law has been illustrated by an example,has not yet formed a unified understanding of the "wait",and the formula of "threat,seduction and deception" still cannot be clearly distinguished from the investigation strategy;the exclusion of "repeated confession" has a normative point of view.Citation,but the exception of "repeating confession" may be used to avoid illegal evidence exclusionary rule.The burden of proof is not clear.In the judicial practice of the procuratorial organs,there are some problems and reasons why the examination methods of the existence and the evidence are focused on "written examination",the prosecutors are not willing to find and exclude illegal evidence,the elimination effect is not good,the prosecutor is difficult to hold the objective neutral position in the evidence review,the absence of the argument in the exclusionary rule of the illegal evidence and the exclusionary rule of illegal evidence.In the fourth chapter,for the third chapter,we analyze the existing problems of illegal evidence exclusion in legislative rules and judicial practice,and put forward suggestions and countermeasures.It is believed that we should continue to improve the exclusionary rule of illegal evidence,strengthen the substantive examination of evidence,strengthen the legal supervision function of the procuratorial organs and the neutrality consciousness of the procurators,change the methods of examining the case work,strengthen the supporting system of the right of defense and construct the system of criminal prosecution,and establish and improve the illegal evidence.The evaluation of the quality of the case and the assumption of the accountability mechanism.