On Exclusionary Rules Of Illegal Evidence In Investigation Of Official Crimes

The "People's Republic of China Supervision Law"(hereinafter referred to as "the "Supervision Law")enables the supervisory authority to investigate some of the crimes of duty,and expressly stipulates the collection and examination standards of the evidence collected by the supervisory authority and the relevant evidence in the criminal trial process.The rule is opposite,implying that the illegal evidence exclusion rule is applied to the supervision system.Therefore,the exclusion of illegal evidence should be implemented in the investigation process of the duty of the supervisory authority.However,the Regulations are more general and have insufficient or even contradictory provisions.The theoretical circles believe that the relevant rules for excluding illegal evidence in the criminal litigation system can be used as institutional resources,and the rules of evidence in the supervision system can be more concretely improved.At present,there is no conclusion as to whether or not the introduction should be concrete.There is no specific reference path for how to introduce it.The legal supervision of law enforcement officials and judicial personnel,especially the prevention of illegal evidence collection by the investigation organs,is the vital and precarious role of the illegal evidence exclusion rules in the criminal litigation system.At present,this rule,which originally existed only in the criminal litigation system,is introduced into the supervisory system as an institutional model,thereby formulating a set of norms that are applicable independently to the supervisory authority to exclude illegally obtained evidence at the investigation stage,and have significant value in both theory and practice.And from the current actual situation,it can be truly implemented: because it is conducive to restricting the investigation authority of the supervisory authority,promoting the acceptance and contact of the supervision system and the criminal litigation system,safeguarding the human rights of the respondent's investigators,and signing or approving the country.The existing legal basis and human resource basis of the supervision system make this process feasible,while the evidence of job crime investigation is scarce,the subject of crime is special,the method of investigation is special,and the resources of investigation means are scarce.Its dependence on the characteristics of the confession is also a feasible factor to consider when formulating the illegal evidence exclusion rules of the monitoring system.At present,the illegal evidence exclusion rules of the supervision system are to be refined and supplemented in the definition of illegal evidence collection,the specific criteria for eliminating illegal evidence,the evidence exclusion rules in special circumstances,the evidence certification system,and the illegal evidence exclusion procedure.Other systems of the rule have yet to be perfected.For example,compared with the criminal litigation system,the pro-curatorial organs have the right to implement less legal supervision measures for investigation activities,and the stages of control or control can be implemented narrowly.Internal supervision has natural drawbacks,and the investigation and investigation procedures lack the involvement of lawyers.None of these ills have been cured by institutional means.This paper takes the institutional resources of the illegal evidence exclusion rules in the existing criminal litigation system and the foreign institutional experience of the illegal evidence exclusion rules as a mirror,and clarifies the specific and hierarchical standards for the exclusion of illegal evidence in the supervision system.The proof proves the conditions for creation,formulates the system for witnesses to testify in court,and thus perfects the rules for the exclusion of illegal evidence in the supervision system.At the same time,it increases the means of control of the inspection process by the pro-curatorial organs,implements the internal supervision of the supervisory organs,and allows lawyers to intervene in the investigation process.Prevent the occurrence of illegal evidence collection at the source,with a view to perfecting China's supervision system.