Research On The Rule Of Exclusion Of Criminal Illegal Physical Evidence

In 1994,the rule for the elimination of illegal evidence in China first appeared in the judicial interpretation of the Supreme People's Court,namely Article 45 of the "Specific Provisions of the Supreme People's Court on the Procedure for Hearing Criminal Cases." The interpretation focuses on the provision of verbal evidence by illegal means,but does not involve the exclusion of illegal physical evidence.In 2010,the "Two Houses and Three Departments" jointly issued the "Regulations on Certain Issues Concerning the Handling of Illegal Evidence in Criminal Cases." Preliminary provisions were made on the exclusion and correction of material evidence and documentary evidence obtained in violation of legal procedures.In 2012,for the first time,the Criminal Procedure Law establishes the application of unlawful physical evidence in the form of basic law,followed by specific provisions on the judicial interpretation of "two highs".As a young rule,the exclusionary rule of illegal physical evidence brings vitality to the exclusionary rule of illegal evidence.However,there are some problems to be solved,such as the scope of exclusion of illegal physical evidence,the distinction between illegal evidence and defective evidence,and how to improve it.It is planned to discuss this issue.The first chapter of this article introduces the legislative status of the exclusionary rules of illegal physical evidence in our country.From the "two evidence regulations" to the 2012 "Criminal Procedure Law",it summarizes the related laws and finds out its great significance and analyzes its legislative deficiencies.Illegal evidence and defamation evidence are unclear,the scope of exclusion of illegal physical evidence is narrow,the content of the rectification rules is ambiguous,and the prohibition of evidence collection is absent.The second chapter discusses the practical dilemma of applying illegal evidence in criminal cases in our country,that is,the application of precautionary evidence,the application of physical evidence and documentary evidence in the pre-trial meeting,the absence of defense function and the lack of adequacy and logic in the adjudication of illegal evidence,and analyze the reasons for these four dilemmas.The third chapter introduces the theory of extraterritorial doctrine,discusses the development and content of the "fruit of poisonous tree" and the principle of "proof of evidence prohibition",and attempts to use relevant practices to promote the improvement of the rule of eliminating criminal evidence in China.The fourth chapter puts forward the author's conception of perfecting our country's exclusionary rules of criminal illegal physical evidence from two aspects: First,the consummatation of the exclusionary rule of illegal physical evidence,that is,the proper expansion of the exclusionary scope of illegal physical evidence and the correction rules of defective evidence,consummating the process of exclusion of illegal evidence in pre-trial meetings.Second,in view of the improvement of a rule,it is inseparable from the supporting system,that is,how to improve the professional quality of the case-handling staff,strengthen the role of defense lawyers,and improve the searched and seizured system.