On The Standard Of "Illegal Evidence" In China's Criminal Procedure

In June 2017,the "two high and three departments" jointly issued the "provisions on the handling of criminal cases to strictly exclude some problems of illegal evidence "(hereinafter referred to as " strict exclusion of illegal provisions "),which comprehensively and systematically summarized the judicial practice of the exclusion rules of illegal evidence in recent years in China,and promoted and improved the rules for determining illegal evidence.Illegal evidence is evidence obtained by means of serious violations of due process and human rights.The criminal illegal evidence in our country is composed of illegal physical evidence and illegal verbal evidence.Accurate definition of "illegal evidence" is the premise of proper application of the rule of exclusion of criminal illegal evidence.Accurate identification The standard of legal evidence identification first needs to distinguish the basic concepts of illegal evidence from defective evidence and illegal evidence;secondly,it should be analyzed from two aspects: illegal verbal evidence and illegal physical evidence.In addition,the article further put forward the necessity of perfecting the standard of criminal illegal evidence identification in China.The study on the criteria for the identification of illegal verbal evidence and illegal physical evidence first analyzes the current situation of legislation,introduces the early provisions of the various systems with the Provisions on Certain Questions of Illegal Evidence in Criminal Cases,and further discusses the institutional breakthroughs achieved in the newly revised Criminal Procedure Code and the Strict Exclusion Regulations in 2012.By summarizing the current situation of legislation,this paper analyzes the difficulties encountered in the identification of illegal evidence,and then finds out the defects of the current standard of identification of illegal evidence in China.Reflection on the Legislative System on the Difficulties Encountered In the existing problems and put forward targeted suggestions,through scientific and reasonable system to set up and improve the standard of illegal evidence identification.