The Research On Procedural Appeal System Of Criminal Illegal Evidence Exclusion

Procedural appeal,as a necessary remedy for the defendants' defense strategy and procedural rights,can increase their selectivity and participation in criminal procedures.In China's criminal proceedings,although the evidence exclusion procedure as a remedy for the illegal collection of evidence by the investigating agency has been quite specific,the procedural nature of the defendants' party is based on the importance of the evidence to the defendants' physical conviction and sentencing and the stability of the law.Rights are necessary to doubly protect,and the procedural appeal system for the exclusion of criminal illegal evidence is the second guarantee.To analyze and investigate foreign legal systems,most countries have relevant legislative provisions based on procedural appeals about illegal evidence,and the appeal stage as well as trial methods are also relatively independent.The construction of this procedure in China is not complete.The procedural appeal system for the exclusion of illegal evidence itself has the following problems: Firstly,China's final appeal against criminal illegal evidence exclusion lacks relative independence.The retrospective reason is that Chinese appeal system is right-based appeals on lack of discretionary appeals and other multiple appeals mechanism construction.Secondly,the intermediate appeal only has its legal form but lacks of operational space,so that the defendants can only submit the grounds of the entity and procedure appeal after the first trial,which could bleach the prior to the principle of illegal evidence exclusion.Thirdly,the trial of procedural appeals lacks substance,and the ‘reference' to illegal evidence in the first instance according to the Regulations on the Strict Exclusion of Illegal Evidence in Criminal Cases in our country is actually difficult to achieve,leading to the second-instance trial is degraded to a repetition of the original trial conclusion.Finally,the form of criminal illegal evidence exclusion is not perfect,which may lead to the abuse of judges' discretion.However,all system problems are not only inconsistent within itself.In terms of supporting measures of the procedural appeal system,China's relative supporting measures also have the following shortcomings: First,there is a lack of written version of the rejection of the non-application decision before the criminal court in China resulting in the shortage of direct objects for procedural appeals that exclude illegal evidence;second,the lack of discretionary appeals in China's criminal appeal system can easily lead to ‘blank appeals' and repeated hearings on illegal evidence exclusions,thereby wasting judicial resources and leading to litigation.The third is that the method of notification of criminal illegal evidence exclusion application rights in China is not clear,which indirectly deprives the accused of procedural rights.With the gradual improvement of the legislative system for the exclusion of illegal evidence and the judicial interpretations constantly emphasizing the court's responsibility for reviewing the legitimacy of evidence collection,by combing our country's legal norms and judicial interpretations of the procedural appeal system,comparing the foreign system settings and analyzing the specific judicial operation in China are essential.On this basis,discuss the problems in the aforementioned procedural appeals for the exclusion of illegal evidence,and provide a brief explanation for the resolution of the problem: improve China's criminal interim appeal process,enhance the substantive substantive trial of illegal evidence exclusion,and clearly "impact a fair trial".As far as the corresponding safeguards are concerned,it strengthens the original court's dismissal of the application for excluding illegal evidence,establishes a parallel system of rights appeals and discretionary appeals,and clarifies the court's obligation to inform about the right to exclude illegal evidence.