Research On Exclusionary Rules Of Illegal Evidence In Duty Crime

After the reform of China's supervision system,the main body of evidence collection was transferred from the procuratorate that originally had the investigative power to the duty crime to the supervisory authority that investigates the duty crime at present.Article 56 of the Criminal Procedure Law of the People's Republic of China(hereinafter referred to as the Criminal Procedure Law)establishes rules for the exclusion of illegal evidence.Article 33,paragraph 1,of the Supervision Law of the People's Republic of China(hereinafter referred to as the "Supervision Law")has been established.The evidence collected by the supervisory authority can be used directly in criminal proceedings,requiring that the surveillance evidence and the criminal evidence remain conceptually identical,however the key to the convergence of the two parts lies in the application of the rules of evidence.The "Supervision Law" stipulates that the handling of cases by the supervisory authority shall be coordinated and restricted with the judicial authority.When collecting,fixing,examining and applying the evidence,it shall be consistent with the Criminal Procedure Law.However,due to the fact that the relevant provisions of the Supervision Law on the exclusion of illegal evidence are too general and abstract,the operability is poor.So that the exclusion of illegal evidence during the supervision and investigation activities of duty crimes is difficult.Based on the exclusion of illegal evidence of duty crimes,this article is divided into five main parts.The first part is the introduction part mainly introduces the research background,significance,the research content,method,and analyzes the domestic research status in this field in recent years,which helps to fully understand the research trends and provide reference for the research.The second part explains the judicial practice problems in the exclusion of illegal evidence of the duty crimes at present through the introduction of typical cases.The current mode of prosecution to the duty crime can be summarized as a ternary mode in which the duty crime will be investigated by supervisory authority,reviewed and prosecuted by the procuratorate and sentenced by judicial authority.However,the necessity is different from the reality.Under that ternary mode the exclusion of illegal evidence is considered to be more mature while the practice is not.The third part mainly analyze the problems which the supervisory authority faces when the illegal evidence should be excluded during the investigation of duty crime.As general,there are still many difficulties during the application,initiation,pleading,identification and exclusion of illegal evidence of duty crime.It is not only bad disconnection but also deficiency and uncertainty of law cause these problems.Also,the suspect's weak consciousness of the exclusion of illegal evidence and absence of lawyers make the situation worse.The fourth part highlighted on the value of the exclusion of illegal evidence of duty crime.It is really helpful to defend the rights of suspect and defendant,maintain the procedural justice and avoid the misjudged criminal cases and so on.In the end,some constructive methods will be raised for the difficulties mentioned above.