Study On The Exclusionary Rules Of Illegal Evidence In The Pretrial Procedure

New points on the level of legislation of National People’s Congress with Chinesecharacteristics established a multi-level of illegal evidence exclusion rule, but in the enacted inthe year, across more than be rehabilitated misjudged cases we see an endless, caught theattention of all parties, in these high-profile cases, all involved by torture and the resultingproblem of illegal evidence exclusion. These wrongs, explain the phenomena of illegal evidencein the judicial practice in the investigation and examination and prosecution stage, however, arenot effectively to exclude the illegal evidence in a timely manner, so as to be finalized accordingto flow into the court trial, serious infringement of the interests of the criminal suspect ordefendant, detract from the impartiality of the judicial system in China. This suggests that theinvestigation organ and procuratorial organs in the pretrial procedure before trial is responsiblefor the duties of the illegal evidence exclusion, but the new points for pre-trial illegal evidenceexclusion rule is too general, lack of procedural content regulations. This article hopes to base onthrough the illegal evidence exclusion rule in pre-trial operation, good ability to promote theinvestigation organ in accordance with the evidence, the other in pre-trial will exclude illegalevidence, can effectively block the trial court judge and the connection between the illegalevidence, the judge ruling from the result of the case of the illegal evidence interference, ensurethe justice of criminal justice.In this paper, using mode analysis method, through to the foreign legislation presentsituation of the illegal evidence elimination rule and rule out the comparative analysis of program,interpret the connotation of the law, at the same time come to our country the implementation ofpre-trial illegal evidence exclusion of enlightenment. In addition, this paper in the judicial practice,illegal evidence exclusion rule implementation present situation, adopted the approach of empirical research, the introduction of the specific case.In this paper, on the writing structure is divided into two parts, introduction and textintroduction mainly introduced in this paper, the research purpose and meaning. The text isdivided into four parts, the first part is on China’s pre-trial overview of the illegal evidenceelimination rule and the concept of illegal evidence, investigation and judicial status quo of thelegislation of the illegal evidence elimination rule is introduced. Think pre-trial illegal evidenceelimination rule in our country is in a embarrassing situation.The second part introduces foreign legislation present situation of the illegal evidenceelimination rule, through the contrastive analysis of the Anglo-American law system andcontinental law system countries, in China is to decipher the pre-trial range of Revelations of theillegal evidence exclusion.The third part introduces the necessity of the illegal evidence elimination rule before trial.The author mainly through to the procedural justice and judicial justice and efficiency of litigationand legal analysis of the right to limit, into the public security organs and procuratorial organspending trial to demonstrate the inevitability of excluding illegal evidence, finally it is concludedthat, in the pre-trial investigation phase, and the positive role of excluding illegal evidenceexamination and prosecution stage, is also conform to the objective requirement of macroscopiclegal system in our country.The fourth part is the focus of this article, the author through to the pre-trial public securityorgans and procuratorial organs of the illegal evidence exclusion problems are discussed, mainlyis the main body of the public security organs of illegal evidence elimination program, startup,examining and proving of the illegal evidence, the burden of proof, treatment and relief, theprocuratorial organs of the illegal evidence exclusion of initiator, the legitimacy of evidenceexamination way, the legality of the evidence to prove that, the rights of the procuratorial organsinform obligation and the system of proof. In this paper, based on the research of the illegalevidence elimination rule, pending trial guarantee pre-trial illegal evidence exclusion rules toimplement, play a role.