Abstract:The exclusive procedure of Illegal evidence as an international popular procedure has values to safeguard human rights, to realize the substantive justice. But there are still many drawbacks in the exclusive rule of illegal evidence in China; for example, defender should bear the initial burden of proof which is unreasonable, the criterion for a court to start an investigation is too general and abstract, the prosecutors’ the ways of obtaining evidence and testimony mean lack of credibility, survey procedures lack court ruling and there are confusion between evidence ability and the proof strength, lack of relief procedure. In order to improve exclusive procedure of illegal evidence, we should appropriately reduced proof standard of starting program, refine starting rule, standard methods of proof of the prosecutor, and establish court ruling, relief system.
吴高庆. 论我国非法证据排除程序的完善[J]. , 2011, 1(4): 12-17.
WU Gao qing. On the Perfection of the Exclusive Procedure of Illegal Evidence in China. , 2011, 1(4): 12-17.