Discussion On The Perfection Of Exclusionary Rule Of Illegal Evidence In China

In recent years,in our country's current practice of law,a certain number of unjust and false cases have been produced.Searching the reason,one of the most important factors is that judicial officers,especially when conducting interrogation of the suspects,take illegal means,which ultimately leads to unfairness and even wrong handling of the result,and which seriously infringes the interests of the parties concerned.This shows that the illegal forensics behavior produces an important effet on the impartiality and authority of judicial activities.In the Criminal Procedure Law revised in 2012 in our country,it is clearly decleared that the rule of exclusion of illegal evidence is a negative assessment of the act of illegal evidence collection.The connotation of this rule is that the judiciary has the right to examine and verify the sources of evidence collected by the investigating organ and require the relevant parties to bear the corresponding responsibility for their illegal forensics.The Provisions on Several Issues Concerning the Strict Elimination of Illegal Evidence in Criminal Cases jointly issued by the Supreme People's Procuratorate and other five departments in June 2017 detailed and regulated the exclusionary rules of illegally obtained evidence in both substantive and procedural aspects.Among them,the Provisions on the Prohibition of Unlawful Forensics were forbidden.The law enforcement agencies and the judiciary were required to strictly implement the principle of evidence adjudication.On this basis,the specific scope of extorting a confession by torture was delineated in detail and the enumeration of special cases was defined.The rule also clarifies rules that exclude acts that are taken by means of coercion,deception and violence.In addition,all litigation related to forensic activities,such as investigation,examination of arrests,examination and prosecution,specific issues and special situations that may exist in the defense,are elaborated and detailed provisions.This is a milestone in the process of establishing and perfecting the rule of exclusion of illegal evidence in our country.Under the background of current international development,our country always insists on the need of safeguarding human rights and governing the country according to law.Illegal evidence exclusion rule is a requirement in criminal cases in accordance with legal procedures,the collection of evidence in criminal proceedings,the legitimacy of the evidence in the application process bear the corresponding legal responsibility,and through legal provisions in the evidence collection and credit,according to the law to stop illegal Legal rules for obtaining evidence.At present,the criminal legislation of the exclusionary rules of illegal evidence in our country has made great progress.However,it is still worth noting that there are still many contradictions and problems in transforming the theory into practice under the premise of having the basic legal provisions.The legal provisions are not operable in the specific application process and the rules of exclusion of illegal evidence apply Therefore,under the current legal framework,it is particularly important to explore the existing problems in the exclusion of illegal evidence in criminal justice practice.This article first introduces the history of the law of the exclusionary rule of illegal evidence,combs the appearance of the rule and the step by step development and perfection,and introduces and elaborates the related concepts.The second part analyzes the current rules about the exclusion of illegal evidence in our country The third part points out the problems existing in the rule of exclusion of illegality in our country,the problems existing in the definition of illegality,the illegality of exclusion of legislation in illegality,the illegality Evidence exclusion rules in the judicial practice of the three problems to be elaborated,and then in the fourth part of the above issues,put forward the suggestion on the elimination of illegal evidence in our country.