| The Criminal Procedure Law(2012)formally established Illegal evidence exclusion rule(IEER).Yet,the rule does not bring about well.The Judicial interpretation(2017)stipulated the request of this rules.This provided a legal foundation for regulating judicature and incarnating justice.Although the rule has been formulated many a time by codex,there are still matter in practise.After the "Supervision Law" was promulgated,new changes have taken place.Empirical research must be implemented to clarify the specific circumstances under which illegal evidence of Duty crimes are excluded under the new environment..The empirical research of 159 judgment documents related to the elimination of illegal evidence of official crimes since 2018 show that the main can be concluded as follows,(1)the cases of illegal evidence elimination of official crimes are scarce and investigation procedures are difficult to initiate.(2)These laws have the trouble of link up in the account of illegal evidence.(3)In practise,the assignation of the burden of proof by the court does not follow codex,and it has no effect on the final result after getting rid of illegal evidence.(4)Some courts do not to think highly of interrogation audio and video,and have not given full play to the standardization of interrogation procedures in court review.Based on the problems,relevant personnel should get rid of the shackles of substantiveism and value the procedural justice concept.Nail down the allocation of burden of proof for illegal evidence in the court investigation stage.This court should exclude illegal evidence bravely that fails to be effectively proved.Improve the relevant audio and video systems,establish a case transfer system exclusive to the Supervisory Committee,and unleash the positive intention of interrogation audio and video in closing out illegal evidence.Establish a corresponding punishment mechanism,and incorporate content such as the exclusion of illegal evidence into the judge’s performance appraisal system.The procuratorate shall conduct a rigorous review during the review and prosecution stage and assume the corresponding non-performing liability.In addition,the lien of the Supervisory Committee should be regulated to ensure the sanctioned legal proceeding rights of the defendants.In short,the codex of exclusion of illegal evidence have gradually ameliorated,and judicial practise has regard to the interrogation course of events and IEER.Yet,there are still some problems remain unsolved in the practice of the rule in duty crimes.The phenomena that the rule cannot be arbitrated still exists,especially in Basic court.To ensure the ordinary stir of this rule and the criminal function,it is necessary to promote the legal and reasonable use of IEER for official crimes in practise to punish crimes and egis human rights. |
