Research On The Proof Of Procedure Illegal

The occurrence of procedural illegal behaviors runs through the whole process of criminal proceedings.The procedural illegal behaviors not only easily infringe on the lawful rights and interests of litigant participants,but also make innocent people more vulnerable to punishment.With people paying attention to the miscarriages of justice,the harmful consequences caused by procedural illegal behaviors have caused the attention of the society.In 2012,the exclusionary rule of illegal evidence was written into the Criminal Procedure Law,and this is a big step to solve procedural illegality in our country.This provision has relevant provisions for the initiation of the exclusionary procedure of illegal evidence and the proof of the legality of evidence,but there is no specific provision for the relevant proof standards,which makes it difficult for the exclusionary rule of illegal evidence to play its due role in judicial practice.If the relevant provisions of procedural illegal proof are not clear enough,it will not only be difficult to identify procedural illegal behaviors,but also lead to the impossibility of procedural sanctions against procedural illegal behaviors.Therefore,to punish the illegal procedures,we need to improve the proof of procedural illegal.Starting from the theoretical basis of procedural illegality,this paper analyses the experience of procedural illegality proof in foreign countries,the current situation and existing problems in China,and puts forward some suggestions to improve procedural illegality proof in China.This paper is mainly divided into four chapters.The first chapter is an overview of procedural illegality proof.This chapter defines the meaning of procedural illegality,determines that the focus of this study is illegal evidence collection,and then classifies procedural illegality according to the stage of litigation and the degree of illegality.Through the interpretation of procedural illegality proof's constituent elements,namely proof procedure,proof subject,burden of proof and proof standard,this paper introduces procedural illegality proof's procedural value in safeguarding procedural justice,promoting equality between prosecution and defense,and regulating discretion.The second chapter is about the comparative of the proof of procedural illegality in foreign countries.This chapter introduces the system regulations on procedural proof of illegality in common law countries and civil law countries.By comparing the differences and advantages of procedural proof of illegality between the two countries,it summarizes the rules that can be used for reference in China,such as: the distribution of procedural burden of proof illegality,multi-level proof standards and the exercise of discretion.The third chapter analyzes the current situation of procedural illegality proof in our country.This chapter introduces the legislative background of procedural illegality in our country and the specific legislative provisions of procedural illegality proof;sorts out the main problems of procedural illegality proof in our judicial practice,such as imperfect procedural illegality proof procedure and unclear proof standard of procedural illegality;and analyses the reasons for the problems of procedural illegality proof in our country,which are: the influence of traditional ideas The power of the prosecution and the defense is not equal,and the sanctions for procedural violations are not effective.The fourth chapter is to perfect the procedural illegality proof in China.Based on the problems found in the practice in third chapter,this chapter puts forward three suggestions to improve procedural proof of illegality in China.Firstly,to improve procedural illegal proof procedure,we need to guarantee the independence of procedural illegal proof procedure,standardize the proof methods of procedural illegal proof subject and guarantee the independent status of judges in procedural illegal proof procedure;secondly,we need to clarify the proof standard of procedural illegal proof,refine the standard of reasonable suspicion,and clarify the verbal evidence and substance separately.Finally,it introduces the methods of optimizing the supporting measures of procedural illegal proof,which need to strengthen the defense's procedural defense rights and optimize the procedural sanctions system.