Study On The Reasons Of Illegal Evidence Exclusion Cases

The level of reasoning in judgment documents is an important sign and embodiment of a country's rule of law.It is an important part of the implementation of the Criminal Procedure Law to promote and strengthen the rule of exclusion of illegal evidence.The reasoning for the exclusion of illegal evidence is the epitome of the entire verdict.It represents the frontier level of the judgment document to some extent,and it is the shortcoming and difficulty of reasoning.Therefore,strengthening the level of reasoning for the illegal evidence exclusion is conducive to raising the level of reasoning in the judgment documents,promoting judicial disclosure,and enhancing the credibility of the judiciary.It aims to eliminate illegal evidence,truly curb torture and promote procedural justice.With the implementation and further development of the online application of judgment documents,the reasoning ofjudgment documents has become the focus of the society.This also creates a forceful mechanism for the making and reasoning of judgment documents.To improve the reasoning ability and level of the judgment,the judge should start from the explanation of the elimination of illegal evidence.Judges influence the rights of the parties and judicial credibility through the way of making judgment.In the production of documents,the reasoning of the exclusion of illegal evidence should be strengthened,the traditional form ofjudgment should be broken,and simple and blunt conclusions and unreasonable situations should be avoided.Let people feel justice and fair in each judicial case.The final result of a case judgment should be based on the comprehensive explanation of the reasons for the judgment.It cannot be the result of the judge's arbitrary discretion.Judgment reasoning is an important means to achieve justice.In judicatory practice,how does the criminal procedure law explain the judgment has not been legislated.The judicial organs regulate how to reason things out.Due to the imperfection of the law,the reasoning level of China's judgment is lower than that of other countries,which affects the judicial credibility of China's judgment and affects the progress of China's litigation legalization.The purpose of writing this paper is to analyze and investigate the reasoning of the judgment on illegal evidence cases within a certain period of time,and to find out the existing problems in the reasoning of the judgment by combing the cases.On this basis,explore the measures to improve the solution to the problem.This article,through the China Judicial Document Network,collected 738 copies of judgments concerning the exclusion of illegal evidence from all levels of courts in the country.In this way,a database is established for empirical research as a sample for the study of theories of illegal evidence exclusion.After an in-depth conversation with the judicial personnel who actually produced the verdict,as well as the compilation and statistical analysis of the judgments of the relevant cases,combining with the many problems existing in the current cases of excluding illegal evidence,the paper aims to fully and carefully observe the practice of excluding illegal evidence in criminal judgments in China.,analyze the cause of the problem and come up with suggestions on this issue and explore the perfecting path.The introduction of this paper mainly introduces the background,significance of the topic,the discussion of the legal theory of the exclusion of illegal evidence cases and the reform ofjudicial practice.This article is divided into four parts to study the reasoning of the exclusion of illegal evidence.The first part,quoted the legal basis of exclusion of illegal evidence,on the premise of the meaning and content of the reasoning of the judgment documents.The paper gives an overview of the exclusion of illegal evidence,from the aspects of eliminating of false evidence,suppressing of torture to extract confessions,expanding the doctrine of publicity.In the second part,using the judgments studied in this paper as a sample,through the use of icon statistics,combining with guidance documents for excluding illegal evidence,a comprehensive analysis of the data obtained from the samples is conducted to analyze the problems existing in the moment.The third part,aiming at the overview and investigation of the first two parts of this article,explores the root causes of problems from the view of system level,supporting measures and the court system.The fourth part,analyzes and solves the problems proposed at the second and third parts.