An Empirical Study On The Application Of The Rule Of Exclusion Of Illegal Physical Evidence In Our Country

In recent years,a series of wrongful convictions have made the application of the exclusionary rule of illegal evidence widely concerned by the society.However,the current academic research focuses on the exclusion of the evidence of illegal words.However,as the main collection method of physical evidence,such as search and seizure often involve the private domain of citizens,the violation of legal procedures is essential for the infringement of citizens' rights.Therefore,we should pay full attention to the research on the exclusionary rule of physical evidence.Through big data analysis and empirical research on the application of the exclusionary rule of illegal physical evidence,it is helpful to test whether the exclusionary rule of illegal physical evidence can adapt to China's judicial practice.Research idea of this article from three parts,the first part is the basis of the rules of excluding illegal evidences of theoretical analysis,this part from the following three parts: the first analysis of the characteristics of the physical evidence in the field of criminal action,secondly combing physical evidence out of specification,finally summarizes the current physical evidence illegally exclude the operation difficulties,specification and empirical research needs are put forward.The second part,from the perspective of empirical research,selects the criminal judgment documents involving the exclusion of illegal physical evidence in the five years since the criminal procedure law came into effect as samples,and conducts empirical research from three perspectives.First,the empirical survey of all judgment documents is sorted out as a whole.Then analyze the reasons for the defense to apply for the exclusion of physical evidence and the reasons for the court to determine the exclusion of physical evidence and the reasons for the determination of the exclusion,reasonable hypothesis,rigorous argument;Finally,from the perspective of the charges and types of cases involving illegal physical evidence,the practical characteristics of the exclusion of illegal physical evidence are studied.The third part is about the current criminal procedure law the first paragraph of article 56 of the period of review,first review the concepts of reflection,secondly,from the perspective of law doctrine study will improve the points after the first paragraph of article 56 of the provisions of the paragraph gives advice,finally from how to strengthen the evidence rule out especially in that the judge will not rule out the physical evidence reasoning to better reflect justice to explore.