Study On The Illegal Evidence Exclution By Procuratorial Organ

The illegal evidence exclusion by procuratorial organ,as a unique system of our country,plays a positive role in promoting the standardization of evidence collection activities,safeguarding the lawful rights and interests of criminal suspects and improving the efficiency of litigation.However,there exist some defects in this system undeniably,such as the difficulty in starting the procedure due to the non-uniform detailed standards of providing clues and materials;the difficulty in obtaining evidence due to the closed investigation process of supervisory organ;and the difficulty in identifying illegal evidence due to the limitation of the evaluation system.Therefore,it is necessary to perfect the relevant regulations of the illegal evidence exclusion rule to make them more suitable for the current social development level and the actual requirements of judicial practice in China.This paper analyses the problems in applying the illegal evidence elimination rule of China’s procuratorial organs,puts forward some targeted ideas to perfect the system,including prerfect the active start program and passive start program.Firstly,building the bailiffs cooperate forensics corresponding system,strengthening the supervision of supervisory organs investigation process;secondly,lifting the restriction of prosecutorial organ’s non-prosecution rate;thirdly,binding the illegal evidence separately into a volume to minimising the affect the judge;fourthly,making sure that there’s no relevance between applying excluding the illegal evidence and identifying voluntary confession;finally,sthengthening the supervisor of procuratorial work for the supervisory organ.Through perfecting the legislation of the illegal evidence elimination rule,to advocating the procuratorial organ to play a key role in the exclusion of illegal evidence,which can ensure criminas’ legitimate rights and promoting impartial justice.