A Research On How To Apply The Rule Of "Fruits Of Poisonous Tree" In Derivative Confessions By Illegal Investigation

Evidence is an important area of criminal proceedings,which is the most important in all aspects.Whether the derivative evidence of illegal evidence is excluded or not is more related to the protection of human rights and the need to combat crime.Under the influence of traditional ideas such as valuing substance and despising procedure,the criminal judicial field of our country still maintains a cautious attitude towards the fruit of poisonous tree with repeated confession evidence,which is still controversial in academic circles.To judge whether the poisonous tree fruit rule can be applied,we must pay attention to the causal relationship between the derived evidence and the original illegal evidence,and the poisonous fruit which has intervening factors to block the causal link between them will not be excluded.The core of the fruit of the poisonous tree rule is another level of discussion about the exclusionary rule of illegal evidence,that is,the application of the exclusionary rule of illegal evidence.This rule is not clearly defined in our country,the applicability is still not sufficiency,there are legislative and supporting facilities are insufficient,the traditional concept shackles and other obstacles.The western countries,represented by Britain and the United States,have already had a relatively complete and mature theoretical system and institutional arrangements for this principle.The rule makes it necessary for us to re-examine the local repeated confession evidence rules,to make appropriate adjustments and improvements,and to design a more scientific and reasonable system:We should strengthen the regulation of the behavior of investigators in obtaining evidence,curb illegal evidence to establish judicial credibility,and implement the procedural relief rights of those who have been illegally obtained evidence.