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Research On Criminal Pretrial Conferenc Exclusionary Issues

Posted on:2016-01-22Degree:MasterType:Thesis
Country:ChinaCandidate:H G ZhuFull Text:PDF
GTID:2296330461476363Subject:Criminal procedure law
Abstract/Summary:PDF Full Text Request
With the strengthening of the judicial building, in the trial regime carried out a major reform, in particular the implementation of the new Code of Criminal Procedure, the emergence of many new legislative system in our criminal law. Pretrial conference system is a code of criminal procedure in line with modern requirements, to meet the current legal system of a new type of social development. On the basis of the system and learn from foreign criminal pretrial criminal proceedings inherit their merit generated.I believe that the main task of the criminal pretrial conference is to exclude illegally obtained evidence, if the evidence gathered counsel has any objection shall be made. Pretrial prosecution by attending this meeting, by knowing the facts, evidence put forward different views on the law applicable to the dispute, to resolve issues and procedures related to the back of the official court ready. On the other hand, the defense presented evidence the prosecution objections may submit an application to exclude illegally obtained evidence, both for the protection of the legitimate interests of the accused, but also to avoid illegal evidence into the trial, the time delay of the proceedings, reduce litigation efficiency.The author of illegal evidence exclusion of pre-trial conference in the analysis and interpretation of the status quo, pointing out the deficiencies of the pre-trial conference in the exclusion of evidence illegally, and the pre-trial procedures for foreign reference is also rather awkward. So for this case at the meeting and how to reform the problem of illegal pre-trial evidence, the author puts forward some ideas.This paper is divided into an introduction and body from the structure. In the introduction, the author explains the necessity of writing this article and research background. Text is divided into four parts:The first part explains the pre-trial conference and illegal exclusionary and introduces two concepts in pre-trial conference for illegal evidence exclusion procedures. The second part is to analyze the current situation of illegal evidence exclusion of pre-trial conference, pointing out the shortcomings and deficiencies of this system, and pointed out that future reforms and challenges and dilemmas facing. The third part of the pretrial program countries were compared. The fourth part of the illegal evidence further elaborated legal basis to exclude the pre-trial conference and Value. The fifth part is the focus of this article, for the exclusion of illegally obtained evidence pretrial conference to explore some of the proposed system.
Keywords/Search Tags:Criminal Pretrial Conference, Exclusion of Illegal Evidence, Evidence presented, Rights protectio
PDF Full Text Request
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