Problems And Countermeasures In The Operation Of China's Illegal Evidence Exclusion Procedure

The exclusionary rule of illegal evidence originated from the United States,and its theoretical basis is diverse.Rules of excluding illegal evidence in our country is to learn from western legal culture and combining the situation of our country presentgood,establish the unique Chinese characteristics of evidence elimination rule in two in 2010,China promulgated the "regulations",is about the provisions of the criminal cases and deal with the provisions of the death penalty cases in theory on the application of the rules of excluding illegal evidence in our country;In 2012,theexclusionary rule of illegal evidence was determined in the criminal procedure law in a legal form.The procedure of eliminating illegal evidence is a judicial procedure used by the public security organs,procuratorial organs and judicial organs to eliminate illegal evidence according to their functions and powers.This paper starts from the basic theory,and on the basis of the research results of many scholars,theauthor analyzes the current situation of China's illegal evidence exclusion procedure and the existing problems,so as to find out the reasons.This paper makes a comparative study of the illegal evidence exclusion procedures in major countries ruled by law outside China.At last,it puts forward some countermeasures to the problems existing in China's illegal evidence exclusion procedures.In the operation of illegal evidence exclusion procedures,the purpose of eliminating fatigue interrogation is to protect human rights.In the investigation stage,more lawyers are involved.The contents and procedural provisions of the pre-trial meeting should beclarified and refined,and the initiation mode and conditions of illegal evidence exclusion should be standardized.The procuratorial organ and the defense forceshould balance the defense force,strengthen and improve the internal and external legal supervision measures of the people's procuratorate,and fully ensure the effective operation of the illegal evidence exclusionprocedure.