| Abstract:The elimination of illegal evidence refers to the prescribed evidence procedure in criminal lawsuits that refuses to accept the evidence obtained illegally. Illegal evidence includes witnesses, evidence of the scene, and factual proofs which are obtained through illegal means and ways. Illegal evidences are useless in criminal lawsuits while imperfect evidences, which are improved later, can be accepted and used to identify the criminal cases. Therefore, it is essential to clearly make distinction between illegal evidence and imperfect ones. The revised "Criminal Procedure Law" entitles the procuratorial organs to the elimination of illegal evidence. The procuratorial organs has the absolute right to check up whether the evidences collected are legal and valid. In judicial practices, illegal evidences are characteristic of illegally-obtained confession, antiprocedurely-acquired testimony, unidentified physical and written evidences, as well as untruthful written report. The occurrence of illegal evidences are said to be resulted from objective factors as well as objective ones, such as the emphasis of physical evidence at the expense of procedures, backward means of investigation, and light punishment of illegal evidences. As far as elimination of illegal evidence is concerned, we insist that we should raise the awareness of human rights, regulate the procedures of examining evidences, improve our ability to examine evidences, and raise the efficiency of illegal-evidence elimination, so that we will be able to set up the good evidence-elimination system of discovery, investigation perfection and public hearing. Only by doing so, can we enforce our the fairness of criminal lawsuit procedures, keep the dignity of justification, respect and maintain human right, so as to govern our country according the law. |
