Research On The Exclusion Rules Of Illegal Evidence In The Stage Of Supervision And Investigation

After the reform of the supervision system,the investigation power of duty crime cases has been transferred to the Supervisory Committee,which means that the main body of evidence collection in duty crime cases has changed from the original procuratorate to the Supervisory Committee.In the process of applying this power transfer,studying the issue of illegal evidence exclusion from the perspective of the supervision and investigation stage is conducive to curbing illegal evidence collection at the source,safeguarding the rights of the person under investigation,maintaining procedural justice,and avoiding unjust,false and wrongful convictions.The Supervision Law of the People’s Republic of China stipulates that evidence with illegal evidence collection methods shall not be used as the basis for case handling,thus establishing the basis for the Supervision Commission to apply the illegal evidence exclusion rule.The Regulations on the Implementation of the Supervision Law sets that the collection of evidence by violence is strictly prohibited,and the connotation of violence is explained.Investigation and verification.Compared with the Criminal Procedure Law the rules on the exclusion of illegal evidence in the investigation process of criminal proceedings are obviously too principled.As a result,its operability is not strong,and a series of difficulties arise in the actual practice of excluding illegal evidence.By using the empirical analysis method and the comparative analysis method,combined with the existing laws and regulations,relevant improvement suggestions are put forward.For problems such as difficulty in identifying evidence,on the basis of further analysis,determine the subjects to be excluded from the supervision and investigation stage,and determine which evidence collected by “illegal methods” will be identified as illegal evidence.In view of the difficulty in applying for the exclusion of illegal evidence,the difficulty in identifying illegal evidence,and the inability of defense lawyers to intervene to provide assistance during the investigation phase,measures such as lowering the proof standard of illegal evidence,improving the right to apply for the person under investigation,and lawyers’ intervention in the investigation procedure are proposed.In order to achieve procedural justice and protect the rights and interests of the person under investigation.