On The Procedure Of The Exclusion Of Illegal Evidence In The Trial Stage Of Our Country

The procedure of illegal evidence exclusion plays an important role in the protection of human rights and the realization of substantive justice. Most countries in the world have established the system of illegal evidence exclusion, which provides a strong guarantee for the implementation of the illegal evidence exclusion rules. Our country is not independent, complete the establishment of illegal evidence exclusionary procedure; to exclude the illegal evidence set too form in the pretrial conference; court of investigation means the exclusion of illegal evidence is not perfect; there is abuse of discretion of judges in the exclusion of illegal evidence in our country; moreover, the exclusion of illegal evidence in judicial adjudication the relief channel is not smooth, excluded, these problems are not conducive to the correct application of the illegal evidence in that, our country should be excluded from the specification of illegal evidence, the construction procedure of exclusion of illegal evidence of a relatively independent judicial procedure, the exclusion of illegal evidence before the trial started to start, start the trial as a supplement, broaden the scope of the court evidence, through the abuse of judicial personnel, quantitative assessment of the level of law enforcement to limit the discretion of the judge, improve the remedies of the prosecution and the defense, in order to build independent and reasonable procedure of exclusion of illegal evidence.