| In June this year,the Supreme People’s Court,the Supreme People’s Procuratorate,the Ministry of Public Security,the Ministry of National Security and the Ministry of Justice jointly promulgated the "Provisions on Several Issues Concerning the Strict Elimination of Illegal Evidence in Criminal Cases," which marked the exclusion of illegally obtained evidence again.However,the attitude of evading the issue of illegal evidence still leads to the fact that there is no legal basis in practice for wanting to exclude the "poisonous fruit" such as the false evidence of illegal confession.However,the "fruit of the poisonous tree" problem is inevitably present in the criminal activities of all countries and our country is no exception.Given our country’s strict crackdown on criminal traditions,it is impossible for the United States to share all the "fruit of the poisonous tree" To be excluded,it is necessary to combine the practice of our country targeted exclusion "poison tree."The illegal evidence is divided into the illegitimate physical evidence and the illegitimate evidence.Although our country adopts the method of excluding the legal provisions that exclude the illegitimate evidence,in practice,even though the physical evidence is obtained illegally,the judge will not usually to exclude it,so to exclude the evidence of illegal physical evidence of derivative does not have the realistic conditions.However,judging from the development of the exclusion of illegal evidence in our country,the exclusion of illegal confession has always been at the forefront because illegal confessions are generally obtained through grave violations of the human rights of criminal suspects and defendants,the life and health of the suspects and defendants,will cause great harm,but also the most important factor in causing unjust and wrong cases.Illegal access for repeated prohibitions,first,because our country "for the first card," the traditional suspects,the accused as "perpetrators of crime",the best understanding of the case by the best knowledge of the case,so get the suspects,The defendant’s confession is the most direct way to solve the case,and then look for evidence on the basis of confessions;second,because the exclusion of illegal evidence in our country,only to exclude the initial illegal evidence that only illegal confessions to obtain exclusion,according to other sources.Evidence can still be applied at trial,so investigating interrogators will still do so in order to obtain more evidence of the case.Therefore,we can exclude the evidence of illegitimate confession in our country to effectively suppress the illegal provision,considering that our country has not explicitly stipulated it,we can seek the basis of exclusion under the existing legal framework and then learn from the foreign Legal provisions and judicial practice to construct the specific operation of the derivative evidence of illegal confession,guarantee the human rights of criminal suspects and defendants,and improve the rules of exclusion of illegal evidence. |
