A Case Study Of Zhang Hui And Zhang Gaoping

The exclusion of illegal evidence has always been a relatively complex issue in criminal proceedings.Although the exclusion rule of illegal evidence has been stipulated in detail in legislation and judicial interpretation,and there are numerous theoretical studies on this rule in academic circles,including the research and discussion based on the advanced experience of foreign countries,in judicial practice,illegal evidence The realization of exclusion rules is very difficult,and it has not played an ideal role.Zhang Hui and Zhang Gaoping case is a typical case of injustice and falsehood,which happened in 2004 and reversed in 11 years.Although the case is nearly ten years away,the analysis of this case can still play an important role in improving the exclusionary rule of illegal evidence today,because the problem of exclusionary rule of illegal evidence in this case still exists today.Evidence investigation is one of the most critical elements in criminal proceedings.Many cases of injustice,falsehood and error have problems in the evidence aspect,and this case is no exception.Through the analysis of this case,we find that there are many problems in criminal proceedings:the defendant's confession can not rule out the possibility of extorting confession by torture;the identification record of the identification scene has other evidence to support it;Personnel seriously violate the content of procedural law to carry out coercive measures and interrogation.Aiming at the problem of eliminating illegal evidence in the above judicial practice,the author uses the method of case analysis to write this paper.This paper takes Uncle Zhang's case as an example and combines relevant jurisprudence to analyze the case.At the same time,aiming at the problems existing in this case,the author puts forward the deficiencies in the exclusion rule of illegal evidence.On this basis,the author puts forward some solutions to these deficiencies.See,in order to have some benefit to the practical operation and theoretical research of the exclusion rule of illegal practice.In addition to the introduction and conclusion,the text includes three parts,the first part is the combing and introduction of the case,the second part summarizes the main controversial focus of the case,including:(1)whether the coercive measures taken by the public security organs are legal;(2)whether the evidence collected by the public security organs to extort confessions by torture against Zhang's uncle and nephew is excluded;(3)Whether there are defects in the audio and video recordings submitted by public security organs.The third part is the analysis of the focus of disputes combined with the jurisprudence of the criminal procedure law,and in the process of further perfecting the exclusionary rule of illegal evidence put forward the response measures.