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The Frontiers of Society, Science and Technology, 2023, 5(10); doi: 10.25236/FSST.2023.051004.

Application of exclusionary rule of illegal evidence in investigation stage

Author(s)

Zhang Xianan

Corresponding Author:
Zhang Xianan
Affiliation(s)

Northwest University of Political Science and Law, Xi'an, Shaanxi, China

Abstract

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.

Keywords

Exclusion of illegal evidence; Investigation stage; Collection and seizure; Legality review of evidence

Cite This Paper

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.

References

[1] Wen Zhe. Rule development and system improvement of exclusion of illegal evidence [J]. Jiangxi Social Sciences, 2018, 38(12):8. 

[2] Zhang Jianwei. Value expectation and system analysis of excluding illegal evidence [J]. China Journal of Criminal Law, 2017(4):19. 

[3] Wan Chun, Wu Mengshuan, Gao Yifei. Understanding and Application of Provisions on Several Issues Concerning the Strict Exclusion of Illegal Evidence in Handling Criminal Cases [J]. People's Procuratorate, 2017(14):12. 

[4] Wan Chun, Gao Yifei. Development of Rules for the Exclusion of Illegal Evidence in Criminal Cases —New highlights of the Provisions on Several Issues Concerning the Strict Exclusion of Illegal Evidence in Handling Criminal Cases [J]. Chinese Journal of Criminal Law, 2017(4):15. 

[5] Bian Jianlin, Xie Shu. Important Development of Exclusion Rules of Illegal Evidence in China: From the perspective of promulgation of the Regulations on Strict Exclusion of Illegal Evidence [J]. Journal of Zhejiang Gongshang University, 2017(5):8.