Research On The Exclusionary Rule Of Illegal Evidence In The Investigation Procedure Of Duty Crime

The "Supervision Law" clarifies the rules of the exclusion of illegal evidence in supervision cases.However,because of the clear particularity of supervision cases,especially the uniqueness of evidences in typical official crimes,the specific operational rules for exclusion of illegal evidence are quite different from general criminal cases.Different methods are necessary in the specific judicial practice to deal with different cases.In the supervision procedure,there are problems such as the clarification for the scope of "illegal evidence”,the exclusion of unknown subjects,and the vague legal basis for legality review.In order to ensure the effectiveness of the exclusion of illegal evidence in such cases,relevant laws and regulations must be clarified,and actual operating regulations must be improved to achieve the protection of the rights of the parties.A comprehensive analysis of illegal evidence exclusion rules and related issues in the investigation procedures of official crimes under the supervision system is carried out in this work.By collecting and summarising the legislation on illegal evidence exclusion rules and related practical cases,we conclude that the exclusion of illegal evidence in the investigation procedures of official crimes by the supervisory authorities in our country is embarrassingly difficult.The application of the rules has encountered many difficulties such as difficulty in application,in initiation,in defense,and in identificatio;the exclusion effect is poor as well.Target at problems listed above of the illegal evidence exclusion rules in the investigation procedures of duty crimes at the moment,we believe that the basis for the exclusion of illegal evidence should be clarified,so that the applicant's right of application can be protecte.The identification standards of illegal evidence should be adjusted to meets the needs of judicial practice and guarantees the defendant's right of defense.The procuratorial organs should earnestly perform their review duties,improve the effect of illegal evidence exclusion,protect the legitimate rights and interests of the investigated,maintain procedural justice,and avoid unjust cases and promote the application of exclusion rules in the judicial field in our country.