On The Application Of The Rule Of Exclusion Of Illegal Evidence In The Procuratorial Stage

The exclusionary rule of illegal evidence originated in the United States,which means that the evidence obtained by illegal means in the course of criminal proceedings can not be used as the basis for a verdict.It is more late for China to establish the system of the rule.Actually,it is clearly that,after“the two provisions”issued by the supreme court and procuratorate and the three government sectors on May 30.2010,the implementation of the revised "Criminal Procedure Law" of People's Republic of China in 2013,and then the publishment of the provisions of strictly excluding illegal evidence while handling criminal cases in April 2017,China has gradually set up a complete system of exclusion rules of illegal evidence.According to the rules,the procuratorial organ,as the offices of legal supervision,has been given the dominant role of the proceeding.This article will describe the formation and development of the exclusionary rule of illegal evidence,analyze the particularity of applying the rule in prosecution from the perspective of procuratorial work,clarify the difficulties of applying the rules during presecution,and finally give out the deeper practical suggestions of better carrying out the work from the aspects of the purpose of legislation and the procuratorial practice.