Empirical Study On The Application Of Exclusion Rules Of Illegal Evidence In The Stage Of Examination And Prosecution

The illegal evidence exclusion application in the review and prosecution stage, an innovation in the Criminal Evidence Act in our country, is a key point for illegal evidence exclusion to transfer from the policy to the value level. The proper use of illegal evidence exclusion application in the review and prosecution stage must be guaranteed in order to pursue the lawsuit value of illegal evidence exclusion application in regulating the investigation behavior, protecting human rights and realizing the injudicial fairness. Right now, the legislation of the illegal evidence exclusion application in the review and prosecution stage is not complete including the difficult defining of illegal evidence, the limited supporting measures and so on. The judicial implement of the illegal evidence exclusion application in the review and prosecution stage is beyond satisfaction. The judicial officials held outdated values, who are reluctant to accept the the illegal evidence exclusion and implement it. What’s more, there exists a lack of operability of the illegal evidence exclusion application in the review and prosecution stage due to the limited supporting measures. Thus, the rule of illegal evidence exclusion application fails to be implemented effectively. Hence, it is of vital importance to come up with solutions to further develop and perfect the illegal evidence exclusion application in the review and prosecution state and combining with the empirical study.The paper,all together 29 million characters, is composed of three parts.The first part is the necessity analysis of the illegal evidence exclusion application in the review and prosecution stage. It is significant for the criminal justice practice to apply the illegal evidence exclusion in the review and prosecution stage. It is the inevitable requirement to highlight the law supervisor of the investigating and prosecuting apparatus and the realistic requirement of improving the civil prosecution quality. It also acts effective measure to realize judicial fairness.The second part involves the empirical investigation of the illegal evidence exclusion application in the review and prosecution stage. The main problems to apply the illegal evidence exclusion can be found through the analysis of collected cases and data, interviews to introduce the practical situations of application of the illegal evidence exclusion. According to the data analysis, the cases which apply the illegal evidence exclusion are converged; the illegal physical evidence is limited; the illegal evidence comes from the single source; the reason to exclude the illegal evidence is concentrated; the investigation way of illegal evidence is varied; the illegal evidence exclusion throws tiny effect on the result. There are some problems of the illegal evidence exclusion application in the review and prosecution stage: the defining of the illegal evidence is not clear; the exclusion operability is limited; the implementing attitude of investigating and prosecuting apparatus is negative; the supporting measures are lacked. All those problems hinder the implement of the illegal evidence exclusion application in the review and prosecution stage.The third part refers to the policies to perfect the the illegal evidence exclusion application in the review and prosecution stage. It put forwards feasible and purposeful suggestions from the angels of making legislation and setting detailed regulations. As with the law making level, the illegal evidence and its exclusion scope must be made clear to unify the opinions of judicial officials and applied standardly in practices. Regarding the specific regulation formation, it can be designed and formulated via the censorship, the investigation, the exclusion of the illegal evidence and the efficacy and right relief after the exclusion. In addition, the supporting measures must be taken, including formulating the reasonable lawyer interference in the investigation stage, the overall budgeting collaborating mechanism, the objective evidence censorship mode, the performance assessment mechanism of case handler, the punishment rules of investigation officials who take the evidence illegally and so on. All those supporting measures contribute to the application of the illegal evidence exclusion rule in the review and prosecution stage.