In China, the investigation refers to the specific organ for the collection of evidence, to find out the case, confirmed the crime and arrest suspects in accordance with the law and take a special survey and relevant measures. The law prohibits special provisions, the investigation organ to use illegal means to conduct the investigation to obtain evidence. However, the investigation organ to mandate the use of illegal evidence is always a problem in the judicial practice. The phenomenon of illegal evidence exists a lot in practice, it is often seen. Relevant case reports, it not only violates the Constitution and the law the basic human rights of citizens, but also severely tarnished the purity, leading to miscarriage, resulting in an extremely bad influence. Long-term since, the illegal evidence collection problem is always to perplex judicial practice of a problem, the illegal evidence collection and misjudged criminal cases and there is a causal relationship, the illegal evidence collection and protection of human rights has opposed relationship. This article from the prevention of misjudged criminal cases and investigates how to regulate the criminal investigation procedure and behavior, and then think about how to according to the realistic conditions of China, to maximize the criminal justice, entity justice, fundamentally control the illegal evidence and reduce misjudged criminal cases occur according to Chinese reality, to maximize the realization of criminal justice, entity justice.
This paper is mainly divided into five parts. The first part is mainly about the illegal evidence of the main performance and the harm is summarized. The second part is mainly to the new criminal law to further strengthen and improve the supervision of investigation, restrict a mechanism analysis. The third part mainly is to our country new law of criminal procedure illegal evidence collection in the deficiencies, and in the fourth part of the deficiencies and puts forward reasonable suggestions, promoting our country’s criminal illegal evidence of improvement and development. The fifth chapter is a summary of the full text.
Keywords: illegal evidence; investigation; macroeconomic policy; system
3.1 非法取证方法方面的不足 5