The Dilemma Of Criminal Illegal Evidence Exclusion And Its Way Out

Our illegal evidence exclusion rule has attained preliminary effects in system reform.Both revised “Code of Criminal Procedure”and following published related judicial interpretations make detailed regulations from applicable subjects,applicable scope,applicable conditions and procedures of rules.However,in practice,illegal evidence exclusion still faces a series deep hardships that can't be overcome.These hardships are reflected in two aspects of entity and procedure,which causes that illegal evidence exclusion rule can't realize its target smoothly in stopping illegal forensics and protecting rights of defendant.In the aspect of entity,as the propositional problem of illegal evidence exclusion,the concept and scope of illegal evidence are not defined clearly;in the aspect of procedure,it is hard to start the procedure of excluding illegal evidence;in addition,illegal evidence collection of investigation organ has proof difficulty.Hardships of these two aspects have their reasons.The scope of illegal evidence is difficult to define,which is with direct connection with our ignorance of protection of constitutional rights as well as failure in confirming systematic evidence rule system.However,the root for difficulty in starting exclusion procedure as well as proof has illegal evidence difficulty lies in that forensic ability of defendant is limited and the prosecution is strong in maintaining accusation system.“Regulations on Some Problems of Excluding Illegal Evidence Strictly” further unify exclusion scope of illegal evidence;Moreover,its improvement in interrogation recording system as well as the strict norms for examination system of custody in prison will alleviate the pressure of defendant in the burden of proof while apply for starting “illegal exclusion” procedure to some extent.However,to solve the hardships faced by illegal evidence exclusion in a real way,it has to further improve the exclusion scope of illegal evidence and include illegal evidence of infringing basic rights of citizens into explanation scope of “illegal methods”.At the same time,construct procedure guarantee for illegal evidence exclusion through various ways of restricting additions and corrections of material evidence and documentary evidence as well as reasonable explanation,expanding thetime scope and case types covered by recordings and videos and clarifying the proof responsibility and proof standards of defendant.