| In 2012,the Criminal Procedure Law officially established the exclusionary rule of illegal evidence,and the application and development of the exclusionary rule of illegal evidence have been widely concerned by the legal community and other sectors.In recent years,a number of unjust,false and erroneous cases have also brought the exclusionary rule of illegal evidence to the public’s attention.At the third Plenary Session of the 18 th CPC Central Committee,it was proposed to strictly implement the rule of excluding illegal evidence,and strictly prohibit extorting confessions by torture and corporal punishment.To strengthen judicial protection of human rights,the Fourth Plenary Session of the 18 th CPC Central Committee clarified and improved the legal system of excluding illegal evidence.Article 33 of the Supervision Law promulgated in 2018 also clearly stipulates the exclusion rules of illegal evidence,which has the value of safeguarding judicial justice,protecting human rights and determing illegal evidence collection.However,in the supervision work,there are still many difficulties in the application of the rule to exclude illegal evidence,which has not given full play to its due value.,therefore,need to monitor the illegal evidence elimination rule problems to study and put forward the perfect measures,clear the scope of the illegal evidence and supervisory organs exercise the power sector,excluding illegal evidence regulation supervisory personnel to appear in court to testify,evidence linking good supervision procedure and criminal procedure,give full play to the role of the illegal evidence elimination rule and value.In the first part of this paper,the establishment process,necessity and theoretical basis of China’s illegal evidence exclusion rule are briefly expounded.This part mainly makes a brief analysis of the illegal evidence exclusion rules in China,and understands the development path,value and theoretical basis of the illegal evidence exclusion rules in China,including the theory of protecting human rights and procedural justice.The second part introduces the rule of excluding illegal evidence in supervision,including the rule of excluding illegal evidence in supervision law and the application of the rule of excluding illegal evidence in supervision practice.This part firstly expounds and analyzes the provisions and concepts of the illegal evidence exclusion rules in the supervision law,enumerates the cases of illegal evidence exclusion in the supervision practice,and makes a brief analysis on them,so as to find the problems in the application of the illegal evidence exclusion rules in the supervision work.The third part of the illegal evidence exclusion rule in the supervisory work to probe the problem of the applicable: previous section in the supervisory work and exclude illegal evidence in the court case is introduced,from its problems in the supervisory work for illegal evidence elimination rule,mainly explore the scope of the illegal evidence in monitoring program,internal supervisory organs exercise the functions of exclusion of illegal evidence scattered,was excluded from the monitor whether the evidence with the case of transfer,eliminate unknown,monitor the launch of the illegal evidence rule of illegal evidence exclusion,whether to obtain evidence,the provisions of the supervisory personnel to testify the problem such as blank.Fourth part tight bear period applicable to the supervisory organ of the illegal evidence elimination rule,reason to explore and analyze the problems of the six respectively: mainly including illegal evidence is difficult to identify,theoretical foundation is weak and lack of practical experience,laws and regulations lag and transfer or not debate,lack of procedural practice more,purpose to realize justice and the contradiction between effective barrier,existing testify system is not sound and the possibility of "other people" extension covers,etc.The causes of the existing problems are analyzed in order to put forward the countermeasures.Fifth part for the supervision of the illegal evidence exclusion rule in apply existing problems,and puts forward the illegal evidence exclusion rule in the supervisory work for improve and perfect methods: from the definition of the illegal evidence,integrated supervisory organs departments function of exclusion of illegal evidence and clear supervisory evidence to obtain evidence rules and establish supervisory personnel to appear in court to testify system puts forward related Suggestions. |
