Application Of Illegal Evidence Exclusion Rules In Our Country To Review The Prosecution Stage

Article 54, section 2 of the revised the Criminal Procedure Law says the evidence which shall be excluded in the process of investigation, prosecution, and trial, shall be excluded by law, and not regarded as the base of indictment opinions, prosecution decisions or judgments. By the rule the criminal procedure rejects illegal evidence, which means law must be obeyed by the organs of investigation, prosecution and trial in collecting evidence to ensure the legal rights and interests of citizens and the maintenance of national laws and to enhance the correct implementation. But through the long-term judicial practice, this rule is faced with many difficulties. In the judicial procedure, instead of protecting the rights of criminal suspects and defendants, the law enforcement officers tend to focus on fighting against and punishing crimes, for they are influenced by authority orientation. What's worse, it's hard to apply the procedure to exclude illegal evidence to practice, which is the issue the author analyzes and try to find solutions to.The author mainly analyze three aspects of the issue. First of all, to clarify the content and value of illegal evidence and illegal evidence exclusion rule, the paper emphatically expounds the definition and typical characteristics of this rule in our country, and discusses the application of this rule in our country. In addition, the second aspect mainly focus the application of the rule in the present situation, including how to start excluding illegal evidence, how to identify illegal evidence and how to exercise the authority to verify evidence. Finally, the problem and the amendment of the illegal evidence exclusion rule in our country are further studied. I believe that at present, it is difficult for us to find illegal evidence and eliminate the obstacles to verifying and excluding illegal evidence in the prosecution stage. Meanwhile illegal evidence exclusion system and rules are not perfect, so it's vital to oversee the procedure of excluding illegal evidence and ensure the full exercise of the right of defense in the prosecution stage.