Judicial Determination Of The Exclusionary Rule Of Illegal Evidence

In recent years,with a series of unjust and false cases being cleared,we find that the biggest reason for this series of false cases is that the investigation organs have taken illegal evidence collection actions such as extorting confessions by torture,which not only seriously infringes the legitimate rights and interests of citizens,but also directly affects the correctness of the substantive results,which leads to the impact of judicial justice and the reduction of the division Credibility of law.We are more and more aware of the value of procedural justice and its important impact on the substantive results,especially in recent years,a series of laws and regulations have been issued,reflecting that legislators and the Chinese judicial community pay more attention to the value of the procedure.Although we have established a initially rule of illegal evidence,there are still many difficulties in the effective application of the rule in judicial practice.The specific reasons include the influence of judicial hysteresis effect on it,the imperfections in the legislative level itself,and the lack of litigation structure system in China for a long time.Based on the above reasons,it takes Zhan's suspected dangerous driving as an example to analyze the focus of the controversy in this case: whether Zhan's crime of dangerous driving in this case is mainly related to the legality of the evidence used to accuse Zhan and whether it can be adopted by the court.Based on the analysis of the current laws and regulations,judicial interpretation and legal theory,the author concludes that the initial proof when the defense applies for starting the exclusionary procedure of illegal evidence is not the burden of proof,but another way to exercise the right of defense,from which it can be concluded that the standard of proof is to arouse the "reasonable doubt" of the judge,and then the prosecution can prove the legitimacy of the evidence;there is no serious Evidence that damages judicial justice,especially physical evidence,is allowed to be supplemented and corrected by the prosecution.If it can't be supplemented and corrected,it should be firmly excluded.Finally,based on this case,the author summarizes the difficulties and shortcomings of the exclusionary rule of illegal evidence in China's judicial practice,analyzes the reasons,and then combines the advanced legislative experience in the exclusionary rule of illegal evidence in the extraterritorial countries of the common law system and the civil law system,comprehensively considers China's national conditions and judicial practice,in the legislative and judicial practice At the same time,it puts forward specific solutions.