On The Application Of The Exclusi Onary Rule Of Illegal Evidence Under Supervision System In China

After the nationwide pilot reform of the supervision system from point to point,China adopted the Supervision Law of the People’s Republic of China(hereinafter referred to as the Supervision Law)at the first Session of the 13 th National People’s Congress in 2018,and promulgated the Implementation Regulations of the Supervision Law of the People’s Republic of China(hereinafter referred to as the Implementation Regulations)in September2021.It has promoted the reform of the supervisory system and promoted the legalization of the supervisory commission’s work.With the reform of the supervision system,the investigation and prosecution mode of duty crimes has also changed,and the investigation power of duty crimes has been transferred from the procuratorate to the supervision commission(hereinafter referred to as the Supervision Commission).The supervision Law’s requirements on the collection,examination and application of evidence are consistent with the Criminal Procedure Law.Paragraph 3 of Article 33 stipulates that evidence collected by illegal means shall be excluded according to law and shall not be used as the basis for case handling.It establishes the application of the exclusionary rule of illegal evidence in the supervisory system.However,due to many reasons,the rule is still facing some problems in specific application.This paper puts forward and solves the problems from two aspects of system theory and judicial practice.In terms of institutional theory,it is very necessary to supervise and restrict the supervisory commission due to its strong position and highly centralized power,but the current supervisory system has not created the proper conditions for this.In the traditional criminal procedure mode,the procuratorate can play an effective supervision and restriction role in the criminal investigation activities,but due to various reasons,it is difficult for the procuratorate to carry out necessary supervision in the investigation activities of duty crimes.Compared with the right of the litigants in criminal proceedings to obtain the help of lawyers in time,the Supervision Law lacks corresponding provisions.The litigants are already at a disadvantage in the process of supervision and investigation,which is aggravated by the difficulty of lawyers’ intervention.The lack of supervision and restriction on the supervision committee easily leads to the abuse of supervision and investigation power,and then produces illegal evidence,which casts a shadow on the application of the exclusionary rule of illegal evidence under the supervision system.In addition,compared with the Criminal Procedure Law,the relevant provisions on the specific application of the exclusionary rule of illegal evidence in the Supervision Law are not sufficiently detailed and operable,and there are also contradictions between the legislation,which to a large extent increases the difficulty of the application of the exclusionary rule of illegal evidence under the supervision system.Theoretical defects of the system in addition to the above analysis,the article through the way of network retrieval,collecting integrated empirical cases related to the research content,and categorize cases,highlight the supervision system of illegal evidence exclusion rules apply the focus of the problem,analysis by using the method of combining theory and practice of research,From the production of illegal evidence to the exclusion of illegal evidence as a logical order,this paper points out that the application of the exclusion rule of illegal evidence under the current supervision system of our country is faced with such problems as easy to produce illegal evidence,difficult to start the exclusion procedure of illegal evidence,difficult to identify illegal evidence and poor exclusion effect.The corresponding measures to solve the problems can draw lessons from the application experience of the exclusionary rule of illegal evidence in criminal proceedings in China and combine with the actual needs of the reform of the supervision system in China.To avoid the production of illegal evidence by strengthening the supervision of the investigation procedure of duty crimes;Protect the right of the party concerned to apply for the initiation of the procedure of eliminating illegal evidence;We should make clear the identification of illegal evidence and optimize the exclusion of illegal evidence to perfect the application of the exclusion rule of illegal evidence under the supervision system of our country.