Study On Identification Of Criminal Illegal Evidence In China

The evidence is indispensable stuff litigation activities, its ruling the court has a decisive influence, directly related to the case to impartiality. Review and screening of illegal evidence, is an important way to protect the legitimate national rights of the parties of the judiciary in adjudicating cases. China’s current Criminal Procedure Law clearly illegal evidence review process and provisions, but because of the vagueness of the existence of the relevant laws, so in practice the administration of justice, in the non-screening and exclusion of evidence is facing many difficulties and resistance. At present, China finds evidence of illegal regime still many loopholes and shortcomings, which will identify criminal illegal evidence the existence of internal systems overall value reflected the contradictions and conflicts:the current Criminal Procedure Law has two main functions:First, to punish the criminals, the second is to protect citizens’ legitimate rights and interests, specific to the actual administration of justice, may appear fierce confrontation between the two functions, and evidence of illegal discrimination and exclusion on the need to find an optimum balance between the two points. Criminal Illegal Evidence found there are four main system value:namely, to maintain the legitimate rights of citizens, and promote legal justice, maintenance of law and authority, public power constraints. With the protection of human rights and strengthen awareness and constantly awake, countries have started to establish a system of illegal evidence exclusion, and regard it as an important part of the Criminal Procedure System.Identification and exclusion of illegal evidence, criminal illegal evidence important pre-conditions, which for the protection of the legitimate rights of citizens, improve the fairness of the trial of cases and avoid misjudgment and miscarriage of justice has a very active role. In this paper, the concept of illegal evidence in criminal cases from the start, discusses the basic principles of the system of identification of illegal evidence. Legislative investigation found evidence of illegal extraterritorial basis system, based on analysis of the current status of China’s current criminal legislation and insufficient evidence of illegal, this paper argues inadequate evidence of the extent of illegal provisions are:evidence of illegal evidence range unreasonable; "two rules of evidence "and the 2012" Code of Criminal Procedure, "for how the physical evidence illegally correction shall not clear; Illegal Evidence to prove the rules need to be further refined; There is no guarantee the rights of lawyers involved in the investigation stage and so on. Finally, the optimization of illegal evidence were identified rules, to further improve the work to identify evidence of illegal procedures and steps to strengthen the system of illegal evidence supporting recognition system and other aspects of proposed countermeasures to improve the system of illegal evidence identified.