The Problems And Countermeasures About Illegal Evidence Exclusion Rules Of Public Security Organs In China

2012 points correction,increased the illegal evidence exclusion rules of evidence,it marks the criminal lawsuit of our country to guarantee human rights,standardize law enforcement a step closer.But from the rule of law and judicial practice in our country,the initiator of the illegal evidence elimination rule in the trial stage,that is to say,our country's illegal evidence exclusion is mainly manifested in the trial stage,is a kind of supervision,its effect and level is limited.For maximum play to the effectiveness of the illegal evidence exclusion rule,it is necessary to fully explore and implement the illegal evidence exclusion prepositional procedure.The full text is divided into five parts,in addition to the first part of the introduction and the last part of the conclusion,the main body of the thesis consists of there chapters.The first chapter is an overview of the illegal evidence exclusion rule of Chinese public security organs.Firstly,it defines the concept of illegal evidence and the scope of illegal evidence in China and the specific way of identification.secondly,to comb through the current laws and regulations of China's public security organs to eliminate illegal evidence.Thirdly,this paper describes the practice status of Chinese public security organs to exclude illegal evidence.To be specific,illegal evidence collection in China is widespread,and there are difficulties in the exclusion of illegal evidence.The second chapter analyzes the problems and causes of the illegal evidence exclusion rule of Chinese public security organs.The problems existing in the exclusion of illegal evidence can be summarized as follows:The illegal evidence in the investigation stage is ignored;The application of illegal evidence proposed by the defense is not taken seriously enough;illegal evidence collection is difficult to be effectively contained.The reasons for this are:Investigators are not aware of the illegal evidence,The investigation task and the illegal evidence eliminate the requirement conflict,The investigators have the inherent advantages of replacing and correcting evidence,Illegal evidence excludes accountability,The illegal evidence exclusion system itself proves the standard.Based on the analysis of the first two chapters,chapter three proposes suggestions on how to improve the rule of illegal evidence exclusion in the investigation stage.First of all,we should strengthen the concept of the exclusion of illegal evidence,which includes enhancing the awareness of the standard evidence of investigators,and enhancing the exclusion of illegal evidence from citizens.Secondly,to perfect the legislation of the illegal evidence elimination rule,that is,the subject of illegal evidence exclusion transfer to investigation personnel,to improve the standardization of the investigators obtain evidence,to modify the constitutive requirements of crimes,to perfect the rules of the illegal evidence exclusion.Thirdly,to improve the judicial application of illegal evidence exclusion rules.The main measures are the responsibility of the strict illegal evidence exclusion rule.,and implement the system of synchronous recording and recording.Finally,to improve the supervision system of the illegal evidence elimination rule.Illegal evidence exclusion system are established within the public security organ.Enhance legal supervision function of procuratorial organs.To improve the participation of lawyers in the investigation stage.