Research On Examination And Elimination Of Illegal Evidence By Procuratorial Organs

The exclusionary rule of illegal evidence was originally formulated by the United States and gradually adopted by the laws of all countries in the world today.The two provisions clarify the application of exclusionary rule of illegal evidence in China for the first time.The exclusion of illegal evidence in foreign countries usually means that illegal evidence can not be used as unfavorable evidence to accuse the defendant at the trial stage.Our country stipulates that illegal evidence can be excluded in the whole process of criminal proceedings.Our country extends the exclusion of illegal evidence to the pre-trial stage in order to strangle the wrong behavior in the embryonic stage,to ensure that the unjust and false cases do not occur,and to safeguard social fairness and justice.It can be said that procuratorial organs play an extremely important role in examining and excluding illegal evidence.In examining arrest,examining and prosecuting,examining the evidence of a case is equivalent to checking the quality of handling a case and supervising the legality of investigative activities of the investigative organs.Have made corresponding provisions for the procuratorial organs to examine and exclude illegal evidence,the situation in reality is complex and changeable.The existing regulations can not solve some problems,reflecting the imperfection of the exclusion of illegal evidence and the imperfect matching mechanism.These problems lead to the failure of the procuratorial organs in examining and excluding illegal evidence.Therefore,on the basis of the existing provisions,this paper tries to study the difficulties and causes of the application of the exclusion rule of illegal evidence in the procuratorial machine,and then puts forward some ideas to solve the problem.Apart from the introduction,the full text is divided into four parts,a total of four chapters:Chapter 1: This chapter mainly elaborates the relevant legislative provisions and the current situation of application of the procuratorial organs in examining and excluding illegal evidence in our country.This paper introduces the development and institutionalization of the rule in China,and makes a brief analysis of its application.Chapter 2: This chapter analyses and judges the difficulties and causes of the procuratorial organs in examining and eliminating illegal evidence in our country.It points out the need for improvement from the aspects,the problems related to the discovery of illegal evidence mechanism and the imperfect deterrent function,and speculates the causes of these problems through the investigation and analysis of the consulting data.Chapter 3: This part studies the role of prosecutors in examining and excluding illegal evidence in the two major legal systems,compares and analyses the models of eliminating illegal evidence in the major countries of common law system and continental law system,and summarizes the role of prosecutors in them.Chapter 4: This chapter is the key chapter of the paper.First,it refers to the change of system and the idea first.Secondly,in the exclusion of illegal evidence,how to deal with the relationship between procuratorial organs and public security organs and courts.On this basis,this paper puts forward the relevant mechanism of perfecting the exclusion rules of illegal evidence by procuratorial organs.