Research On The Dilemma And Way Out Of The Application Of Illegal Evidence Exclusion Rules By Public Security Organs

The provisions of the Criminal Procedure Law approved and implemented in 2012 on the exclusion of illegal evidence can be applied to all aspects of investigation,prosecution and trial.The purpose of the provisions is that illegal evidence can be "discovered early and eliminated in time".However,considering the interests of the relevant departments,the principles of investigation and the fact that the past "dominant violation" has changed to the current or future "hidden violation",the defense lawyers should be avoided when investigating and collecting evidence;moreover,there is no clear demarcation line between illegal and legal evidence in the criminal law,which is caused by the fact that there is no clear demarcation line between illegal and legal evidence.There is great controversy and difficulty for the public security organs to take illegal evidence exclusion methods.In order to exclude illegal evidence promptly and as soon as possible,we should improve the relevant process of excluding illegal evidence on the basis of innovation and reform of the concept of investigation."Two High School and Three Departments" jointly promulgated the "Regulations on Several Questions of Strictly Excluding Illegal Evidence in Handling Criminal Cases" in June 2017,which symbolizes a powerful new innovation and progress of the provisions on the exclusion of illegal evidence in China's criminal law.However,compared with the continuous improvement of the theory and legislation,the relevant system of the exclusion of illegal evidence has been hindered in the actual implementation of many difficulties,there are many challenges.In order to effectively deal with the exclusionary rule of illegal evidence,the author puts forward that the public security organs can strengthen the investigators' awareness of evidence collection,standardize the investigators' behavior of evidence collection,establish a modern investigation system,establish the mechanism of illegal evidence prevention,pre-court evidence examination and procuratorial guidance for investigation and evidence collection.In order to realize the idea of procedural safeguard mechanism of investigating and collecting evidence according to law,we should start with the high technology level of investigating and collecting evidence.