Research On The Initiation Of The Illegal Evidence Exclusion Procedure At The Trial Stage

Evidence plays an important role in the detection of criminal cases.On the one hand,evidence is the basis for determining the facts of the case;on the other hand,it is the core to guarantee the quality of the case.However,"evidence" may also be the root cause of unjust,false and wrongful cases.Behind many unjust,false and wrongful cases,it is because of the undeveloped evidence system that makes there is no normative guidance when collecting evidence,which leads to the existence of illegal forensics such as extorting confessions by torture.In addition,the lack of corresponding sanctions has made certain "illegal evidence" enter the court legally and become the basis of the judgment,which in turn leads to unjust,false and wrongful cases.The formation of unjust,false and wrongful cases,damages the rights and interests of the accused,and it also brings "threat" to the judicial authority.Although there are many jurists who have made some research on the illegal evidence exclusion rule,there is still a lack of research on the initiation of the illegal evidence exclusion procedure at the trial stage.The illegal evidence exclusion procedure at the trial stage has the very important legal value as the last "barrier" to exclude illegal evidence.For the accused,it is an important guarantee for the realization of his right to relief.With the comprehensive advancement of the rule of law,the "appeal" for the substantive of the trial and the evidence refereeing is also rising.At the same time,the enhancement of citizens' awareness of the rule of law also puts higher demands on the fairness of the rule of law,especially for the accused.Therefore,it is also extremely urgent to "solve" the problems related to the difficulty in initiating the illegal evidence exclusion procedure at the trial stage.It can be said that this is related to whether the development of the rule of law in our country will be recognized by the people.This article is mainly divided into four parts,each part has a focus.From the perspective of the case to analyze the main problems faced by the procedure of excluding illegal evidence at the trial stage.Through the analysis of the problem,we can draw inspiration and give suggestions.The first part is the first chapter.This part rewrites the case based on the judgment of the judicial adjudication network.Through the case analysis,it raises the problem and explains the importance of initiating the illegal evidence exclusion procedure at the trial stage,paving the way for the following.The second part is the second chapter.This part analyzes the historical evolution,the basic theory,the embodiment in criminal procedure law and the guiding significance of the legal inspection principle and the accused relief principle.It is believed that the legal inspection principle can promote judges to better understand the content of "related clues or materials" and to encourage judges to dare to initiate the illegal evidence exclusion procedure.It is believed that the accused relief principle can effectively cause judges to suspect the existence of illegal forensics such as extorting confessions by torture and can urge judges to be willing to initiate illegal evidence exclusion procedure.The third part is the third chapter.This part is mainly aims at the problems existing in initiating the illegal evidence exclusion procedure at the trial stage in judicial practice and combines the enlightenment from the above research,then gives suggestions that can be reached.Improving the application of the illegal evidence exclusion rule at the trial stage as much as possible.The fourth part is the conclusion.It is a comprehensive comment.This part summarizes the viewpoints of this article and the academic circles' views on the application of the illegal evidence exclusion rule at the trial stage.It is expected that the illegal evidence exclusion rule can be developed,the illegal evidence exclusion procedure can be better applied at the trial stage,and it is no longer difficult to initiate and no longer sleep.