检察机关审查起诉阶段非法证据排除实证研究——以C市为例.pdfVIP

Abstract Problem of illegal evidence exclusion has a relationship with cases proved and safeguard the legitimate rights and interests of the parties involved. It has the vital significance in the realization of substantive justice and procedural justice. However, the practice of illegal evidence still exists in the dilemma of how to judge. This article selects the procuratorial agency to examine the prosecution stage illegal evidence to remove this thesis, unifies the C city procuratorial agency the concrete practice, carries on the proof to this important question. We focus on the analysis of the current stage of review and prosecution of exclusionary practices and problems, exploring methods to further refine the system. The full text is divided into four parts, a total of about 18,000 words. Part I: the basic situation of illegal evidence exclusion in procuratorial organs prosecution stage in City C. The procuratorial organs in combination with the actual work in the City C, establishing the illegal evidence elimination of specific system, actively explore the issue in the relevant laws and regulations and judicial interpretations promulgated. After the implementation of the new criminal procedure law, the procuratorial organs to the exclusion of illegal evidence formally incorporated into the scope of examination, in practice found that relates to illegal evidence exclusion cases, make a review and corresponding treatment. Part II: practices for the current stage of review and prosecution of illegal evidence exclusion. The current practice is mainly divided into three steps to