Research On Illegal Evidence Exclusion Rules In Corruption Cases

In the context of anti-corruption,corruption cases have become the focus of the society.Due to the particularity of the evidence involved in corruption cases,it is difficult to obtain evidence and the form of evidence is relatively single.The promulgation of the supervision law has consolidated the national anti-corruption force and committed itself to solving the practical operation problem of anti-corruption cases.Because it is a law,so in terms of some regulations still exist deficiencies,especially in the construction of the illegal evidence elimination rule,only two or three general rules of law,is not as detailed as "criminal procedural law" regulation,this also led to the illegal evidence exclusion rule in practice it is difficult to effectively implement,therefore this article mainly analyze the corruption cases of illegal evidence elimination rule.This paper is divided into four parts:The first part mainly expounds the connotation of illegal evidence and the exclusion rule of illegal evidence,and analyzes the factors that should be considered in the application of the exclusion rule of illegal evidence in the supervision and investigation stage of corruption cases.The second part analyzes the three difficulties in the application of the rule of excluding illegal evidence in corruption cases,and makes an in-depth analysis of the difficulty in finding,proving and eliminating illegal evidence.The third part mainly makes a theoretical breakthrough in view of the above dilemma.In solving the difficulty in finding illegal evidence,the author proposes to perfect the external restriction on the intervention of the procuratorate,from strengthening internal supervision to granting lawyers the right to apply for the transfer of audio and video recordings from the outside.When solving the problem of the difficulty in proving illegal evidence,we should clearly define the specific standards for illegal evidence collection,emphasize the appearance of investigators in court,establish a complete and effective evidence storage chain,and strictly regulate the system of physical examination,so as to solve the problem of the difficulty in proving illegal evidence.For illegal evidence rule out difficult problems,the author from three aspects: concept,system of rules and into the analysis,a clear judgment centralism during the process,the importance of corruption case against check survey for the way of the illegal evidence exclusion is clear,finally,referring to the supervisory system of our country Hong Kong icac,suggest to judicial authority supervision system in China especially the judge its appointed role of supervising behavior range limit so as to ensure the neutrality of judges.The fourth part is the improvement of the existing supporting system,such as the specification of the audio and video recording system,strengthening the protection of lawyers' rights in the later stage and the substantial participation,which can make the rule of excluding illegal evidence more effectively implemented.