Study On The Practical Problem Of The Illegal Evidence Exclusion

In litigation activities,evidence is indispensable.It can be said that litigation activities cannot be carried out without evidence.In determining the facts of the case and conviction and sentencing,evidence review is a very critical link.The most important part is the determination of the validity of evidence.This is because it is very important to realize judicial justice and procedural justice and to guarantee human rights.At present,the illegal evidence exclusion system has been in existence for many years.However,the application of illegal evidence exclusion in practice is not satisfactory,which shows that there are still controversial points in the application of judicial evidence exclusion rules.For a long time,due to the traditional concept and psychological influence of "criminal confession" and "no confession,no record",investigators often blindly pursue the confession of criminal suspects and defendants when handling cases.This practice seriously damages the prestige of the judiciary,infringes on the legal rights and interests of the defendant,and weakens the credibility of the law.In order to have an overall understanding and grasp of the application of illegal evidence exclusion in practice,it mainly includes the four main parts involved in the illegal evidence exclusion process,the type of illegal evidence,the prosecution 's certification method,and the court 's judgment results and reasons.In the aspect,the situation of excluding illegal evidence was sorted out and summarized.Through in-depth analysis of these data,it is found that the rule of excluding illegal evidence is still facing difficulties in starting the procedure of excluding illegal evidence,the lack of necessary external supervision for excluding illegal evidence,the existence of loopholes in the scope of excluding illegal evidence,and the unsatisfactory exclusion effect.problem.In response to these specific issues,first of all,we should fully abide by the trial-centered litigation structure,and truly realize the substantiality of the court trial to prevent the trial from being formal;secondly,give full play to the role of lawyers in the procedure,and set up a system for the presence of lawyers when interrogating death sentences In the litigation process,we must listen to the opinions of the defense lawyers.Finally,the Court is required to issue a guiding case to make up for the deficiencies of the rule in practice and ensure the uniformity of the standard of the case ruling.To this end,this article uses empirical research methods and case analysis methods to thoroughly analyze the problems that arise in the application of illegal evidence exclusion rules in an all-round way,and strives to build an illegal evidence exclusion rule that meets China's national conditions,and through various improvements,Make it fully play its role in judicial practice.