Research On The Exclusion Of Illegal Physical Evidence In Reviewing And Prosecution Phase

In recent years,The call for Prevention of miscarriages of Justice,judicial justice has become louder and louder.The formation of the false and false case results from the serious infringement of the criminal suspect’s basic human rights,series of problems such as the illegal evidence can be used for accusation、the validity of the evidence and the influence of the evidence,applicable exclusionary rules of illegal evidence.The exclusionary rule of illegal evidence in our country has also been continuously improved in legislation and amending law,From the beginning,only the exclusion of illegal verbal evidence was prescribed.After that,the illegal physical evidence is included in the excluded scope.In the types of evidence,exclusion subjects and review procedures are gradually improved.In the new criminal procedure law revised in 2012,relevant provisions concerning the exclusionary rule of illegal evidence have been added,and the exclusionary rule of illegal evidence is introduced into the pretrial stage of criminal procedure,the legal responsibilities of procuratorial organs in conducting legal supervision in accordance with the law for the illegal acquisition of evidence by investigators are clarified,This is of great theoretical and practical significance for the construction of exclusionary rules of illegal evidence with Chinese characteristics and the protection of the legitimate rights of criminal suspects.There is no strict compulsory exclusion model for the exclusionary rule of illegal physical evidence in China,But the relevant physical evidence is identified as illegal,physical evidence and the corresponding way of correction and interpretation,This is in line with China’s current judicial environment and the pursuit of value.Among them,the examination,identification and elimination of illegal physical evidence in the Reviewing and Prosecution Phase has its own characteristics,Also occupies the very important status in the entire criminal prosecution process.Therefore,we should study and draw lessons from the exclusionary rules of illegal physical evidence in other countries,According to the current situation of judicial practice in China,it is with great significance to perfect the rule of evidence and guarantee the proceeding of litigation in order to construct the exclusionary rule of illegal physical evidence in the stage of examination and prosecution according to the situation of our country.