Problems And Countermeasures Faced By The Rule Of Exclusion Of Illegal Evidence In Duty Crime

This article is based on the investigation of crimes related to official duties after the implementation of the Supervision Law.Over a thousand cases involving illegal evidence in official duty crimes were searched and summarized from the PKULaw and China Judgements Online databases.The findings indicate that the application rate of excluding illegal evidence in official duty crimes is extremely low compared to that in general criminal cases,and it only applies to the court trial stage.The main reason for this phenomenon is the difficulty in discovering,proving,and excluding illegally obtained evidence in official duty crime cases.Therefore,the author takes an empirical approach to analyze the causes behind these issues and proposes targeted improvement suggestions based on reasonable reference to the illegal evidence exclusion system in foreign jurisdictions.Combining theoretical foundations and specific practical situations,the aim is to improve the reasonable application of the rules for excluding illegal evidence in official duty crimes,in order to better safeguard human rights,maintain judicial justice,and reflect the legitimacy of the litigation process.The paper covers the following topics in general.:The introduction section serves to provide context and rationale for this paper,which focuses on the regulations governing the exclusion of unlawfully obtained evidence in cases of official misconduct.Specifically,this paper aims to investigate the current state of research on this topic,highlight its importance,outline the research approach and methodology,and identify the key issues that need to be addressed.The main body of the text is comprised of five chapters.:Chapter One: Overview of the rules for excluding illegally obtained evidence in cases of official crimes,including theoretical foundations,institutional norms,and the relationship between the rules for excluding illegally obtained evidence in the supervision procedure and the criminal procedure.Chapter Two: Research status of the rules for excluding illegally obtained evidence in cases of official crimes abroad.Chapter Three and Chapter Four: The problems faced by the rules for excluding illegally obtained evidence in cases of official crimes and their underlying causes.This part analyzes selected cases from specific practices,and then reflects on the problems and causes of the rules for excluding illegally obtained evidence in cases of official crimes.Chapter Five: Countermeasures and suggestions for the dilemma of excluding illegally obtained evidence in official crime cases in practice.This part mainly proposes relevant improvement suggestions based on the findings of empirical case studies,including the difficulties in discovering,proving,and excluding illegally obtained evidence,combined with the theoretical contact of the country’s academic community and practical specific circumstances.The conclusion,which serves to summarize this paper,is the third and final part.The final section is the reference list,which includes all the papers cited in the paper,as well as the literature that has important influence and inspiration on the paper.