The Frontiers of Society, Science and Technology, 2023, 5(10); doi: 10.25236/FSST.2023.051004.
Zhang Xianan
Northwest University of Political Science and Law, Xi'an, Shaanxi, China
One of the important rules of criminal procedure law is the exclusion rule of illegal evidence, which is not only a sign of the legitimacy of the procedure, but also reflects the institutional protection of human rights. For example, investigators make suspects confess through torture, mental torture, corporal punishment and abuse.In real life, a series of unjust, false and wrong cases such as the Du Peiwu case reflect that the exclusion rule of illegal evidence in the criminal procedure law has not been deeply implemented in the application of grassroots criminal cases.In this paper, the value of excluding illegal evidence in the investigation stage, the criminal collection and detention system of illegally excluding evidence, and the outstanding problems and solutions to make the criminal procedure law achieve a relative balance between the two scales of procedural due process and human rights protection.
Exclusion of illegal evidence; Investigation stage; Collection and seizure; Legality review of evidence
Zhang Xianan. Application of exclusionary rule of illegal evidence in investigation stage. The Frontiers of Society, Science and Technology (2023) Vol. 5, Issue 10: 21-25. https://doi.org/10.25236/FSST.2023.051004.
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