On The Application Of My Country's Criminal Illegal Evidence Exclusion Rule

Exclusionary rule of illegal evidence,which plays a critical role in preventing injustice,safeguarding the legal rights of the defendants as well as procedural justice,is an integral part of the legal system of criminal procedure.The promulgation of the Provisions on the Several Issues concerning the Strict Exclusion of the Illegally Collected Evidence in the Handling of Criminal Cases in 2017 marked the further improvement of the exclusionary rule of illegal evidence in our country at the legislative level.But there are still many problems to be solved at the application level,such as unclear exclusion procedure,noncooperation or even obstruction by judiciary authorities.The causes of these problems include not only the insufficient consideration of the application effect in legislation,but also the misconceptions and constraints of the judiciary authorities in practical work.In order to make the exclusionary rule of illegal evidence play its due role,it is necessary to analyze the specific problems and put forward the corresponding solutions according to the different situations of legislators and judicial personnel of public security,the procuratorate and courts.For example,refine relevant legislation,strengthen the neutrality of courts,enhance the supervision power of procuratorates,strictly restrict public security organs,etc.