The Research On Illegal Evidence Exclusion On Duty Crimes

Up to this day,the implementation of detailed rules for exclusion of illegal evidence is an important institutional arrangement for comprehensively to promote the rule of law and deepen the judicial reform.Among them,ensuring the orderly development of the elimination of illegal evidence of job-related crimes has become an important project for our country to fight job-related crimes and protect the legal rights of citizens,regulate judicial behaviors,promote judicial justice,prevent unjust,wrongful cases,and achieve precise anti-corruption.Especially since the reform of the supervision system,how to effectively eliminate illegal evidence in the investigation of job-related crimes by supervisory agencies is also the key to achieving the convergence of laws.The exclusion of illegal evidence for job-related crimes has the same points as the exclusion of illegal evidence for non-job-related crimes,and it also has a unique difference from the exclusion of illegal evidence for non-job-related crimes.China has made a positive attempt to exclude illegal exclusionary rules of duty-related crimes from the original establishment of illegal exclusionary rules since the reform and opening up.But a lot of problems in the operation and practice of illegal exclusionary rules exists.The exclusion of illegal evidence for job-related crimes must not only conform to the basic concept and rule form of the evidence exclusion rules,but adapt to the main needs of duty-related crimes governance in China.It is important to guide deep discussion and analysis of problems during the practice,and to upgrade it to institutionalization at the standard level of the design,rules and operating strategies for the exclusion of illegal evidence that are in line with China’s reality have been established.By systematically exploring the theoretical meaning,diachronic development,and practical operation of the illegal evidence exclusion of job-related crimes,we can find that since our country’s reform and opening up,the exclusion of illegal evidence of job-related crimes has experienced three stages of development,initiation,establishment of rules,and perfection.China has made great efforts and got many achievements in the process.However,meanwhile,many problems exists in judicial practice.For example,the difficulty to exclude illegal evidence from initiation by supervisory organs,the difficulty to exclude illegal evidence from application by defense lawyers,the difficulty to exclude illegal evidence from legal supervision by procuratorial organs,the difficulty to exclude illegal evidence from testifying by investigators in court,and the difficulty to identify illegal speech evidence and other same problems.In order to effectively achieve the dual goals of combating job corruption and ensuring rights,the optimization and improvement of the rules for exclusion of unlawful evidence of job crimes should fully take into account the changes brought about by the reform of our country’s supervision system,and be targeted and controlled accurately.Specifically,we should start with "clarifying the rules for the initiating of the exclusion of illegal evidence by the supervisory organ","optimizing the rules for lawyers applying for investigation and excluding illegal evidence","perfecting the supervision procedures for the procuratorial organs to intervene in the supervision of the exclusion of illegal evidence","refining the standards of the obligation of investigators to testify in court","enriching the examination criteria for the exclusion of evidence of illegal speech" and so on,and strengthen the operational setting of the rules on the exclusion of illegal evidence for official crimes and their supporting systems,so as to enhance the validity,usefulness and feasibility of the rules on the exclusion of illegal evidence.In turn,it effectively blocks the illegal evidence and promotes the orderly realization of the expected goal of the exclusion of illegal evidence.