A Study On The Exclusion Of Illegal Evidence In China

In recent years, with the continuous improvement of our Criminal Procedure Law system, China has gradually established a system of exclusion of illegally obtained evidence in legal form. The establishment of the system is a major step forward in the field of human rights protection, but we must see that there are many problems in the system of judicial practice, so that illegally obtained evidence can not play its due role. This paper will analyze the system of illegal evidence in our specific requirements and problems, and then demonstrate how to improve the system of illegal evidence exclusion, and finally discuss how to prevent illegal evidence appear from the roots.The first part of this article overview exclusionary system, describes the meaning and significance of the illegal evidence exclusion system,and then analyzes the laws and regulations of illegal evidence exclusion system, focuses on the scope and the start main and legal consequences of illegal evidence exclusion. The second part analyzes the problems in judicial practice in system of exclusion of illegally obtained evidence. First, there is a problem of defining the scope of illegal evidence. Second, it is very hard to start illegal evidence exclusion system. Third, there is a problem in the way to prove the legality of investigative procedures. The third part presents in order to improve the system of illegal evidence exclusion, we should develop detailed regulations, and then made specific recommendations: first, detailed regulations are consistent with the law and meet the practical needs, second, we should expand the scope of illegal evidence, third, require investigators to testify, last, allows the presence of counsel during interrogation in some cases. The fourth part of this article presents how to prevent and control illegal evidence collection behavior, first we should improve the detection ability, second we should set up the concept of procedural justice.