Research On The Rule System Of Criminal Illegal Evidence Exclusion

The 2012 "Criminal Procedure Law Amendment" added a rule for exclusion of illegal evidence,which was stipulated in 5 articles and 8 paragraphs.In order to improve and strengthen the implementation of criminal illegal evidence,there are as many as150 normative documents such as judicial interpretations and opinions concerning the rules for the exclusion of illegal evidence.my country’s legal system of criminal illegal evidence exclusion rules shows that the criminal procedure code is sparse,judicial interpretations,regulations and other normative document systems are chaotic,complicated in content,and even contradictory,which seriously affects the effectiveness of the criminal illegal evidence exclusion rule and its implementation effect.In order to cope with the problems of complex discourse sources and misalignment of the theory of illegal evidence exclusion,based on China’s judicial system and national conditions,my country urgently needs to reconstruct the illegal evidence exclusion rule system based on the Criminal Procedure Code,which is to improve my country’s criminal evidence.The inevitable requirement of the system.With an inclusive learning attitude towards the legislation of foreign countries,this article conducts a dynamic analysis of the problems in our country’s legislation,judicial interpretations and other normative documents,and inquires into the origin of the rule of exclusion of illegal evidence from the appearance of normative discourse,with a view to revising the Criminal Procedure Law again.At that time,it is beneficial to the addition of the section "Illegal Evidence Exclusion Rules" in the Evidence Chapter.The criminal illegal evidence exclusion rule system is divided into the illegal verbal evidence exclusion rule,the illegal physical evidence exclusion rule,the repetitive confession exclusion rule,the derivative evidence exclusion rule and the individualized evidence exclusion rule.First,different rules of exclusion should be used for different objects in the rules of exclusion of illegal verbal evidence,based on the principle of not forcing self-incrimination,to distinguish and understand "illegal methods such as torture." The former refers to direct corporal punishment and disguised corporal punishment that do not exceed the range of "torture to extract a confession".The illegal methods of obtaining evidence such as "using restraints,freezing,drying,hunger,and fatigue interrogation" should be excluded from "such illegal methods";the latter is Refers to methods such as "illegal detention and extended detention" that illegally restrict personal freedom,and judge whether there is a serious violation of legal procedures.Secondly,the conditional discretionary exclusion rule is applied in the illegal physical evidence exclusion rule,and the "procedural violation" and "serious infringement" should be adopted as the criterion when reviewing the "three conditions".Third,in order to ensure the effective implementation of illegal evidence exclusion rules in practice,repetitive confession exclusion rules,derivative evidence exclusion rules and individualized evidence exclusion rules should also be incorporated into our country’s illegal evidence exclusion rule system.Finally,our country can learn from the pretrial system of foreign countries,construct the illegal evidence exclusion hearing procedure during the review and prosecution stage,and appropriately relax the authority of our pretrial conference to exclude illegal evidence,so as to build an independent and pretrial procedure for exclusion of illegal evidence in our country.