Study On The Exclusion Of Illegal Evidence In Job Crime Investigation

With the implementation of the policy of governing the country according to law,"the state respects and safeguards human rights" is enshrined in the constitution,which marks a new historical stage for China's emphasis on human rights.Thanks to criminal judicial reform,in March 2012,from the criminal procedure law in our country large-scale changes to the developed laws and regulations and judicial interpretations,defined the content of the illegal evidence elimination rule,standards and operating procedures,let the illegal evidence exclusion rule from rates rise in the nation's basic law and judicial interpretation again reflects the Chinese legal system for building socialism with Chinese characteristics in the lawsuit the progress of civilization.For a long time,our country's duty crime investigation organ under the influence of traditional legal thoughts,"by the certificate for the" mode of investigation is deeply ingrained in the investigators working ideas,and the developing trend of the current status of social development and international justice,of our country's duty crime investigation organ for the new illegal evidence exclusion rule,there are a lot of not adapt,not fit for the provision of general and do not adapt to the new investigation mode reform,to adapt to the psychological expectation of the masses,not fit for the rigorous inspection method of evidence censorship,etc.,all of these restrict the performance of the illegal evidence elimination rule.It is very important to find out the crux of the problem,analyze the influence objectively,apply the rule of illegal evidence correctly,and guarantee the realization of human rights protection.From the two aspects of theory and practice,this paper studies the connotation and main contents of illegal evidence,combined with the new laws and regulations,based on the present situation of duty crime investigation organ,in line with the purpose of the crime,respect and safeguard human rights,the duty crime investigation organ of our country better applicable rules of illegal evidence exclusion countermeasures are put forward.In addition to the introduction and conclusion,this article is divided into three chapters.The first chapter introduces the concept and setting background of the exclusionary rule of illegal evidence.The second chapter,starting with the application of the exclusionary rules of illegal evidence in China's procuratorial organs,analyzes objectively the identification of illegal evidence in practical exercises.The third chapter compares the application of the rule of law in the Anglo American legal system and the continental law system to the exclusionary rule of the illegal evidence,and analyzes its advantages and disadvantages.The fourth chapter puts forward systematic construction in view of the problems and shortcomings in the application of the exclusionary rule of illegal evidence in our country.