Study On Illegal Evidence Exclusion Before Trial Of Procuratorial Organs

Illegal evidence exclusion rule originated from the common law.In 1914,the U.S.Supreme Court by vickers v.United States,formally established the illegal evidence exclusion rule.Then,with the exchange of the two law systems,illegal evidence exclusion rule has been used by most countries in the world.The illegal evidence exclusion rule in our country is in recent years has been gradually."In 2010,the" two senior department jointly issued the "two evidence rules",preliminary rules of excluding illegal evidence in the form of law;In 2012,the criminal procedure law amendment,to include illegal evidence exclusion rule in criminal procedure law,and specifies the investigation organs,procuratorial organs,judicial organ should be as the body of the illegal evidence exclusion;On January 23,2016,the attorney general meeting again,a sound system of implement the illegal evidence exclusion,stressing the need to implement the judicial safeguard of the right and the judicial supervision requirements.,however,so far,although the law gives the rights of the procuratorial organs exclusion of illegal evidence,but there is no corresponding specific operation procedure,procuratorial organs pre-trial is necessary to reform the related issues of illegal evidence exclusion rules shall apply.Procuratorial organs pre-trial exclusion of illegal evidence,which is beneficial to protect human rights,to reveal the judicial justice,conducive to the realization of procedural justice,let the people in the judicial organs to deal with each case perception of fairness and justice.Therefore,the author will from four departments of this writing,trying to perfect the procedure of procuratorial organs pre-trial exclusion of illegal evidence.The first part,the procuratorial organs pre-trial basic problem of illegal evidence exclusion rules shall apply.Analyzes the procuratorial organs of the meaning of exclusion of illegal evidence,procuratorial organs pre-trial apply the theoretical foundation of the illegal evidence exclusion,procuratorial organs pre-trial reality basis of illegal evidence exclusion rules shall apply.The second part,studied the procuratorial organ pre-trial for the problems existing in the illegal evidence elimination rule and the reason.Analyzed in specific judicial practice,procuratorial organs exclusion of illegal evidence of specific problems and the causes of various problems.The third part,the procuratorial organ is studied in pre-trial exclusion of illegal evidence of specific rules and operating procedures,in order to solve China’s procuratorial organs pre-trial exclusion of illegal evidence.The fourth part,the conception of the procuratorial organ pre-trial procedures for illegal evidence elimination rule and the perfect system.Namely implement the responsibility system for the handling,improve the system of judicial compensation system and building the procuratorial organs such as pre-trial procedures,excluding illegal evidence emphasizes investigators program consciousness at the same time,it puts forward the model of procuratorial organ involvement in guiding investigation and procuratorial organs chaired the hearing.