Legal Analysis Of Idetifying And Excluding The Illegal Evidence For Liuyong Case

In criminal lawsuit, identify and ruled out of the illegal evidence is not only related to the defendant the legitimate rights and interests of the security, more importantly, it is the substantive justice and the important embodiment of procedural justice. LiuYong case in China caused huge shock of the judiciary, the court to torture investigation organ of the illegal evidence from the recognition and become the focus of dispute out. This article through to LiuYong case and related cases and hearing the case this paper, the central issue of case review, which is the central issue legal analysis, with emphasis on the criminal evidence theory Angle of the illegal evidence of meaning and species is expounded, think of the illegal evidence rule out the main research is evidence material without proof capacity problems. The evidence is the ability of the evidence qualification, a proof material if do not have evidence ability, so it must be identified as illegal evidence and need ruled out. Illegal evidence mainly include illegal oral evidence and illegal documents, exhibits and the fruit of the poisonous tree. Finally through the foreign eliminating illegal evidence of the advanced mode is our country program illegal evidence elimination system of the construction of the case to make suggestions, from investigation phase public security organs and people’s procuratorate of the illegal evidence attitude and the establishment of the hearing procedure, illegal evidence elimination program start, proof responsibility as well as specific rules aspects to our illegal evidence system construction, and discussed.