On The Elimination Of Illegal Evidence In The Investigation Stage

In 2012,the law of Criminal Procedure Law formally established the exclusionary rule of illegal evidence in the criminal prosecution procedure,and moved the exclusion of illegal evidence to the investigation stage,manifesting the criminal justice concept of "respecting and guaranteeing human rights" in China.However,in the investigation stage,it is difficult to exclude illegal evidence:theoretically,some scholars regard it as a "impossible task";at the practical level,illegal evidence is hard to find and exclude.This article will analyze the significance of eliminating illegal evidence in the stage of investigation and how to ensure the effective operation of the exclusionary rule of illegal evidence in the stage of investigation.As far as the criminal procedure time is concerned,the investigation is before the prosecution and the trial,it is the prepositional procedure of the criminal prosecution and the source of the breeding of illegal evidence.Therefore,in the investigation stage,to detect and exclude illegal evidence,to avoid the case "transferred with the sick" even the case with sick to the trial,will contribute to the realization of anti correction case,promote justice and build a "trial centered" concept and to protect human rights.Because of cracking down on cases and light procedural justice,It is difficult for investigators to carry out legal evidence,and the investigators are difficult to grasp the boundary of legal evidence to carry out illegal investigation and forensics.The insufficient supervision of theprocuratorialorgan and the insufficient participation of the lawyers in the investigation stage are the important reasons for the illegal evidence,the characteristics of compulsory and secret investigation and forensics contribute to the further breeding of illegal evidence.Combining the causes of the illegal evidence and the characteristics of the division of labor in the judicial organs of our country,this paper puts forward the suggestions for the elimination of illegal evidence in the stage of investigation:The first is the improvement of the awareness of the illegal evidence exclusion of investigators;The second is the improvement of the professional ability to eliminate the illegal evidence of the investigators;The third,from the internal and external two angles,the establishment of the illegal evidence exclusion guarantee mechanism in the investigation stage.