Research On The Application Of The Rule Of Excluding Illegal Evidence In The Pre-trial Stage Of Procuratorial Organs

China's Criminal Procedure Law established illegal rules of exclusion in 2012.Over the past few years,in the context of the trial as the center,criminal justice practice in the scope and application of illegal evidence exclusion is also frequently debated.Illegal evidence exclusion rules become hot and difficult in current criminal justice.As the legislation of illegal evidence exclusion rule mainly designs and arranges in the trial stage,less in the prosecution stage,thus leads to the insufficient application of illegal evidence exclusion in the prosecution,especially the pre-trial stage.The procuratorial organs should participate and supervise in accordance with statutory duties in the criminal proceedings of the entire criminal proceedings from case investigation,review the arrest,prosecution,to court trial,and penalty execution.As a supervisory organ of the state's law,the procuratorial organs,compared to other departments,have the advantage of full monitoring the illegal evidence,the effective elimination of illegal evidence,and play an irreplaceable and important role in the exclusion of illegal evidence.However,due to the constraintion of the factors such as unclear definition of the type and scope of illegal evidence,the impefect legislation and mechanism of illegal evidence exclusion in prosecution stage,the limitation in the acquisition chanel of illegal evidence clues and the difficulty to the start,investigate,identify illegal evidence,the illegal evidence exclusion rule in the pre-trial procedures is difficult to run efficiently.In the context of judicial responsibility,the procuratorial organ must accurately grasp the connotation and extension of illegal evidence in ordor to effectively exclude illegal evidence.The author try to define"illegal evidence" in illegal evidence rule as:due to the factors like the infringement of human rights and serious violation of the procedure in evidence which may affect the judicial justice and so on,which leads to the loss of eligibility of evidence,and results in exclusion of evidence.The author integrates of the current law and the relevant judicial interpretation to define the specific scope of illegal evidence in various types of evidence by provisions of the Criminal Procedure Law.Combining the status quo of judicial practice to analys torture and other illegal ways,the boundaries of lure and cheating,and the"poison tree fruit",repeated confession and other evidence eligibility,which is easy to be disputed in judicial practice.In the fourth chapter,the author puts forward some suggestions on how to apply the illegal evidence exclusion rule to the procuratorial organs,and puts forward some suggestions,including:promoting the improvement of procuratorial investigation and supervision legislation,multi-channel discovery to initiate illegal evidence exclusion procedures,strengthen the investigation and verification of illegal evidence according to the actual case,broaden the recognition of illegal evidence channels and so on.As an important participant in criminal proceedings,the procuratorial organ should regard the illegal evidence exclusion rule as a kind of normalized error correction mechanism,try to explore and innovate,and protect the human rights in accordance with punishing the crime,thus improve the credibility of the procuratorial organ.