New Problems And Countermeasures Of Exclusionary Rule Of Illegally Obtained Evidence Under The Supervision System

As an innovative move in China's corruption governance field,the supervision system will inevitably produce a series of new problems in the process of linking with the criminal procedure law.How to identify and exclude illegal evidence under the supervision system is one of the representative problems.The biggest feature of the exclusionary rule of illegally obtained evidence lies in the close connection with the protection of citizens' basic rights and due process of law.Human rights protection and due process are the key to the efficient anti-corruption monitoring system that can really enter the track of a country ruled by law.In view of this,in addition to the introduction and conclusion,this article studies the new problems of exclusionary rule of illegally obtained evidence under the supervision system in four chapters.Chapter One expounds the connotation and extension of related concepts under the topic of exclusionary rule of illegally obtained evidence under the supervision system,and defines the scope of this article.First,it expounds the connection between exclusionary rule of illegally obtained evidence and human rights protection,due process,and focuses on combing the specific components of exclusionary rule of illegally obtained evidence that may be affected by the supervision system,including types of illegal evidence,identification standards,and exclusion methods,as follow-up questions The development of the foreshadowing.Secondly,it is clear that the scope of the discussion in this article will be limited to how the judicial organ should check whether the supervisory organ has illegally obtained evidence after the official crime case handled by the supervisory organ has entered the trial stage,and make the illegal evidence identification of the corresponding official crime evidence and exclude or not.Chapter Two sorts out the substantive rules and procedural rules that the supervision system may cause to exclusionary rule of illegally obtained evidence and other aspects.First,the means of illegally obtaining confession under the supervision system may be more diversified,which makes it difficult for the traditional standard of illegal verbal evidence to lock the boundaries of illegal methods,which is manifested in the stages of seduction,deception,confession and investigation.From the aspects of wide-ranging supply and supply.Secondly,the Supervision Law stipulates closely related but self-contained evidence collection procedures in addition to the Criminal Procedure Law and its judicial interpretations,thus creating disputes over the standards for the determination of illegal physical evidence.Third,under the supervisory system,the defense lacks the means to find clues or materials for illegal evidence collection,which will cause difficulties in starting illegal evidence exclusion procedures.Fourth,due to the strong status of the supervisory authority,investigators have appeared in court to explain the situation and the entire collection of audio and video recordings and forensics has a greater risk of being circumvented and obstructed,which will cause the judge to lose in examining whether there is illegal evidence collection Two important means.After summarizing the above-mentioned problems arising from the exclusionary rule of illegally obtained evidence under the supervision system,this article seeks countermeasures in the third and fourth chapters with normative analysis and improvement paths,respectively.Chapter Three further studies some problems in the form of normative analysis,and also gives some explanations for some problems: First,the solution to the problem of confession and punishment in the seduction,confession and confession confession confession is the confession Voluntary standards;Second,confessions obtained as evidence of illegal retention should be considered as illegal evidence;Third,the criteria for identifying illegal physical evidence should be based on the Supervision Law,supplemented by substantive interpretation;Fourth,regarding For the application of the defense to obtain audio and video recordings,legal interpretation can be used to lower the threshold of the defense application and clarify the power of the judicial organ to make mandatory calls.Fifth,the issue of the investigator's appearance in court can be substantive to the "investigator".Explain and clarify the identity of the "procedural defendant" and combine with the professional particulars of the investigator to seek a solution;Sixth,extend the starting node of the forensic recording and video recording to the initial verification stage,in order to comply with the rules of illegal evidence exclusion and protect the basic rights of citizens in the original intention of the system.Chapter Four is the improvement path proposed for the problems that are difficult to solve with normative analysis.The first is to explicitly take the voluntary nature of confession as the standard of recognition in the rule of illegal confession exclusion,and to construct a discretionary model for the exclusion of illegal physical evidence by referring to the three-paragraph review benchmark theory.The presence of lawyers system provides an effective review method for the trial process of illegal evidence exclusion,and enhances the independence of the illegal evidence exclusion process through the pre-trial conference system.The two are the introduction and development of the supporting system of exclusionary rule of illegally obtained evidence.