Review And Exclusion Of Illegal Evidence In Duty Crime Cases

In 2018,the Supervision Law of the People’s Republic of China(hereinafter referred to as "the Supervision Law")was formally promulgated.Supervisory organs have shared the power of investigating duty crimes formerly assigned to procuratorial organs,and supervisory organs have obtained the power of investigating duty crimes committed by state functionaries.The Supervision Law clearly points out that the standards for the collection and examination of the evidence obtained by the investigation of the supervisory organs should be connected with the evidence rules in criminal proceedings,and puts forward the rules for the exclusion of illegal evidence in the Supervision Law.However,the Supervision Law has the principle in this regard,and there are some difficulties in the specific operation.In practice,there are many problems in the examination and exclusion of illegal evidence of duty crimes.If these problems are solved effectively,it will be helpful to protect human rights and safeguard justice.Under the background of supervision system reform,this paper tries to study the possible problems of illegal evidence exclusionary rule in duty crimes and puts forward some solutions.To be specific,this paper introduces the research status and research methods in the introduction.In addition to the introduction and conclusion,the body of this paper is discussed in four parts:The first part,through the discussion of the concept of illegal evidence,leads to the concept of illegal evidence exclusion rule,that is,the evidence obtained by illegal methods can not become the evidence against the suspect and the defendant.Summarization of the development history of illegal evidence exclusion rule in our country,our country started from 1979 to the discovery of the illegal evidence elimination rule,has formed a relatively perfect system,illegal evidence exclusion rules help guarantee the human rights of people surveyed,restricting the supervisory organ requires,at the same time,the rule is also an important point of the reduced cohesion.The second part discusses the theoretical basis of the application of illegal evidence exclusivity rule in duty crime cases,and puts forward the actual viewpoint of the investigation power exercised by the supervisory organ.The supervisory organ is neither a judicial organ nor an investigation organ,but a political organ.Secondly,through the analysis of the powers and attributes of the power of investigation,it further explains the special status of the supervisory organs,which leads to the closure of the supervisory investigation activities,and puts forward the necessity of the application of the exclusion rule of illegal evidence in China.Finally,through the collection,collation and analysis of the cases,the practice of the exclusion of illegal evidence in duty crimes is obtained.The third part focuses on the problems existing in the elimination of illegal evidence in duty crime cases.First,the establishment of the exclusion rules of illegal evidence is relatively abstract,and the examination and exclusion of illegal evidence is too rigid.Second,it is difficult to exclude verbal evidence.This paper analyzes the three ways of illegal evidence collection.Third,the current situation of the internal supervision of the supervisory organs is not conducive to the exclusion of illegal evidence.In addition,in the external supervision,the People’s Procuratorate is unable to effectively supervise the supervisory organs in the process of the exclusion of illegal evidence,and it is difficult for lawyers to intervene in cases,which is not conducive to the protection of the legitimate rights and interests of the investigated persons.Fourth,it is difficult for supervisory investigators to appear in court,and they are often replaced by information about the situation.Fifth,the sound recording and video system is necessary to carry out the whole process,in the transfer and transfer,there are vague provisions.The fourth part,aiming at the problems mentioned above,proposes solutions and tries to change the status quo by means of legal interpretation.It is clearly illegal evidence exclusion standard,2 it is to carry out the illegal words evidence exclusion,in the form of legal interpretation and legislation regulation,three is to perfect the supervisory organ internal supervision mechanism,to further improve the self purification capacity,on the basis of strict internal division of labor,but also strengthen the supervision of procuratorial organ to the supervisory organ,allowed the lawyer to investigate in advance,but also needs to restrict,four is referring to the relevant provisions of the criminal procedure law,improve the system of the investigators to appear in court,fifth,improve the system of sound recording or video recording,clear sound recording or video recording of all the time node,In order to protect the rationality of the state secret audio and video recording not being transferred with the case,the system of audio and video recording retrieval by procuratorial organs,courts,criminal suspects and defendants and their defenders should be improved.Based on the institutional resources of the exclusionary rule of illegal evidence in the existing criminal procedure system and the situation of the supervisory organs in the exclusionary rule of illegal evidence,this paper clarifies the problems existing in the exclusionary rule of illegal evidence in duty crimes and puts forward corresponding measures to improve the supervisory system.