Several Problems Of Excluding Illegal Evidence In Investigation(Public Security)Stage

Article 56 of the Criminal Procedure Law of our country stipulates that "if evidence that should be excluded is found during investigation,examination and prosecution,and trial,it shall be excluded according to law and shall not be used as the basis for prosecution opinions,prosecution decisions and judgments." Although this provision advances the time of exclusion of illegal evidence to the stage of investigation(public security)and expands the subject of examination of illegal evidence to public security organs,it does not specify how to identify illegal evidence,which leads to the lack of operability of public security organs in the process of criminal investigation.In criminal judicial activities,many illegal evidence comes from the stage of public security(investigation).The significance and purpose of eliminating illegal evidence is to save litigation resources in the examination,prosecution and trial activities,to ensure the smooth progress of litigation activities,and to prevent the public security organs from abusing the power of investigation and illegally infringing upon the legitimate rights of citizens.For a long time,in the process of criminal investigation in our country,confession occupies a vital position.Restricted by the specific era,especially the legal environment,science and technology,investigative system,the distribution of investigative power and investigative ability,it is very important for the investigation work of public security organs to use the investigative method of "from confession to evidence".In addition to being important evidence,using confession evidence as a clue to further collect material evidence,documentary evidence and other evidence,it is difficult to fundamentally exclude illegal evidence,or even to curb the emergence of illegal evidence.In the new era under the rule of law,from the perspective of trial-centered theory,combined with the characteristics of the investigation system of public security organs and the current situation of the work of public security and civilian police,this paper puts forward the system assumption of eliminating illegal evidence in the investigation(public security)stage.Figure 0;Table 0;Reference44...