非法证据排除规则适用问题研究——章国锡案剖析刑事诉讼法专业论文.docxVIP

Abstract For quite longtime，the Difficulty of Excluding Illegal Evidence has been a major obstacle for Chinese judicial practice departments. In order to solve the issue, many theoretical researches and studies of law have been put on the solution of excluding Illegal Evidence by drawing lessons from foreign countries? advanced systems. However, in recent years, the frequent cases of Illegal Evidence indicate that the issue of excluding Illegal Evidence has not been fundamentally handled. The Zhang Guoxi case, which has triggered huge influence in national country, is one of the most typical representative cases of excluding Illegal Evidence. In this case, although the court in the first instance boldly excludes the Illegal Evidence by quoting the provision of the file on the handling of exclusion of Illegal Evidence in criminal cases, jointly developed by the Supreme Peoples court, the Supreme Peoples Procuratorate, the Ministry of Public Security, the Ministry of State Security as well as the Ministry of Justice .However, the court in the second instant overturns the previous verdict. The inconsistent decision exposes that at present, it is difficult for the judicial practice departments in China to effectively implement the provisions of Excluding Illegal Evidence in reality. In view of the above problems, this paper will use case analysis and empirical analysis methods to discuss the case. First of all, this paper summarizes the main disputes of the Zhang Guoxi?s Case and analyses the existing problems by referring to the Chinese Criminal Procedure Law and the judicial interpretation formulated by the Supreme Peoples Court and the Supreme Peoples Procuratorate. Then, in view of the issues in case, the paper pointes out that Chinese current laws and judicial interpretations of the provisions of the Illegal Evidence excluding rule indeed exist four main disadvantages and try to put forward some effective improvements and suggestions to cope these issues, hoping t