Research On Exclusion Of Illegal Evidence In The Process Of Examination And Approval Of Arrest

In recent years,with the continuous advancement of the reform of the criminal procedure system centering on trial,higher requirements have been put forward for the handling quality of procuratorial organs,especially the quality of evidence examination.Since the implementation of the Criminal Procedure Law revised in 2013,the procuratorial organs began to exclude illegal evidence in the process of examination and approval of arrest,which has become an important means for the procuratorial organs to perform their investigative and supervisory functions.The procuratorial organs exclude illegal evidence in the process of examination and approval of arrest,which is conducive to "forcing" the investigative organs to standardize the act of obtaining evidence,improve the quality of arrest cases,and effectively protect the human rights of criminal suspects.At the same time,it can also prevent illegal evidence from affecting the determination of the facts of the case in the process of review and prosecution and even trial,and prevent the occurrence of miscarriages of justice.The criminal procedure rules implemented from December 30,2019 also further improved the relevant contents,such as stipulating that the procuratorial organs should uphold an objective and fair position in handling criminal cases,clarified the scope of illegal evidence,emphasizied the legal supervision function of the procuratorial organs,and listed the specific contents of the investigation and supervision activities,etc.,which are conducive to the procuratorial organs to fully implement the rules for judging evidence,strictly exclude illegal evidence,improve the quality of case arrest,and earnestly respect and protect human rights.Firstly,this paper starts with the meaning and characteristics of the exclusion of illegal evidence in the process of arrest approval by procuratorial organs in our country,and deeply analyzes the necessity and practical significance of the exclusion of illegal evidence in the process of arrest approval by procuratorialorgans.At the same time,by combining with the provisions of "Criminal Procedure Law" and "Provisions on Several Issues Concerning Strict Exclusion of Illegal Evidence in Handling Criminal Cases" jointly promulgated by "Two High and Three Departments" in 2017 and the newly revised "Criminal Procedure Rules of People's Procuratorate",it discusses the existing problems in the exclusion of illegal evidence in the process of examination and approval of arrest by procuratorial organs Through reflection on the practice of examining and approving arrest,we can find that the order and effect of excluding illegal evidence in the process of examining and approving arrest are not very ideal.For example,it is difficult to start the process of excluding illegal evidence in the process of examining and approving arrest,the scope of illegal evidence is not clear enough,it is difficult for criminal suspects and their defense lawyers to prove illegal evidence collection,the pressure faced by process of examining and approving arrest itself,and the failure of the process of examining and approving arrest to meet the demand of "excluding illegal evidence" have led to prominent problems in the process of examining and approving arrest,such asnot daring or unwilling to exclude illegal evidence and so on.Therefore,wethink that it is necessary to reform the litigation concept of investigators and prosecutors,perfect the exclusion procedure of illegal evidence in the examination and approval of arrest,strengthen the supervision effect of procuratorial organs on investigation activities,and clarify the relief mechanism for the exclusion of illegal evidence,so as to ensure the effective exclusion of illegal evidence in the process of examination and approval of arrest.