Study On The Illegal Evidence Exclusion Of Procuratorial Organs

The use of illegal evidence seriously infringes on human rights and is an important cause of wrongs,and countries tend to have a unified understanding of this.The exclusion rule of illegal evidence has been absorbed into criminal legislation by more and more countries,which is not only the manifestation of the progress of the rule of law,but also the symbol of the development and perfection of the rule of evidence.However,there is still controversy about the definition of the scope of illegal evidence.Illegal verbal evidence has been recognized as evidence and should be absolutely excluded at the stage of examination and prosecution.However,countries have different views on whether the material evidence obtained on the basis of illegal verbal evidence,documentary evidence or suspectundefineds identification of the scene can be used as evidence in the trial.In the United States,this kind of derivative evidence is regarded as being affected or "contaminated" by the illegal evidence collection of investigators,belonging to the "fruit of poison tree" and becoming the applicable object of the exclusion rule of illegal evidence.In Germany,this kind of derivative evidence has a direct causal relationship with the illegal evidence collection of investigators,so it is the "radioactive effect" of the exclusion rule of illegal evidence to exclude these evidence.Fan Chongyi,a scholar in our country,believes that the conditions for obtaining physical evidence in our country are not complete,because the scientific and technological means of criminal investigation in our country,both in terms of legislation and the degree of development of science and technology,lag far behind the actual needs of the struggle against crime and the level of intelligence of criminal offences.Therefore,the scope of exclusion of illegal evidence can not be absolutely excluded as in Britain and the United States,but only limited exclusion or conditional exclusion of illegal physical evidence.Chen Ruihua,a Chinese scholar,believes that the book evidence,material evidence,that is,the fruit of poison tree,obtained according to the clue of confession after obtaining a confession by torture,unless there is evidence that their acquisition is obtained through other legal acts independent of illegal evidence collection,should all be included in the applicable object of the mandatory exclusion rule.At present,the criminal justice of most countries in the world has adopted the rule of exclusion of illegal evidence,and the criminal procedure law of our country formally wrote the rule of exclusion of illegal evidence in 2012,which is in line with the trend of the times and is a great progress in the development of the rule of law.This characteristic determines the complexity,importance and particularity of excluding illegal evidence in criminal proceedings.In practice,the role of the rule in protecting human rights,restricting the abuse of power and safeguarding judicial justice is obvious,and it also plays a great role in promoting social harmony.However,it should also be noted that there are still several unsatisfactory and imperfect rules for the exclusion of illegal evidence,such as the limited scope of exclusion of illegal evidence,the imperfect methods and measures for excluding illegal evidence,and the supporting measures for excluding illegal evidence,and so on.As the legal supervision organ with constitutional orientation,the procuratorial organ in our country is entrusted by law with the function of legal supervision over the whole process of criminal proceedings,which determines the importance,complexity and particularity of excluding illegal evidence from the procuratorial organ in criminal proceedings.From the perspective of procuratorial organs,this paper systematically combs and explains in detail the relevant contents of excluding illegal evidence in criminal proceedings.The procuratorial organ is not only the examiner of illegal evidence,but also the subject of examination at the stage of prosecution.It is not only the supervisor of criminal proceedings,but also the supervision from itself and outside.It should not only exclude illegal evidence according to law,but also achieve the purpose of prosecuting crimes.Therefore,procuratorial organs face many contradictions when applying the exclusion rules of illegal evidence.First of all,from the constitutional orientation of procuratorial organs,the author discusses the value orientation of procuratorial organs excluding illegal evidence;the second part focuses on the role conflict faced by procuratorial organs in excluding illegal evidence;the third part focuses on the ideas and countermeasures of the role conflict excluded by procuratorial organs in our country,and further discusses how to perfect the exclusion of illegal evidence in procuratorial organs in our country.