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Research On The System Of The Illegal Evidence Exclusion In Pretrial Conference

Posted on:2017-04-28Degree:MasterType:Thesis
Country:ChinaCandidate:Y YangFull Text:PDF
GTID:2296330503962365Subject:Criminal procedure law
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The pretrial conference was established in the newly revised Criminal Procedure Law in January, 2013. As a result, the basic model of pretrial conference with Chinese characteristic was formed. The pretrial conference broke the original procedure in China’s criminal trial, which is an independent judicial proceedings in the middle of the prosecution procedure and trial procedure.The pretrial conference can effectively guarantee the defense understand the accusers all the evidence before the meeting, to ensure that both sides realize equality in terms of information communication.The pretrial conference is conducive to the realization of the centralized trial principle, improve the efficiency of criminal procedure, and standardize the exercise of the right of public prosecution of protectorate organs. But, unfortunately, the newly revised Criminal Procedure Law about the pretrial conference procedures does not have specific provision,especially by exclusion of illegal evidence. Therefore, this article discusses the problem of illegal evidence exclusion on the basis of points just the pretrial conference, through researching the problems of information system, application start up system, form of censorship, and effectiveness system of the illegal evidence exclusion in pretrial conference, trying to make the function of the pretrial conference proceedings can provide the sufficient value.From the structure, this paper is divided into introduction and text.In the introduction section,expounds the story of the necessity of the study and research background and significance. The body is divided into four parts: the first part mainly discusses the pretrial conference、the concept of the illegal evidence exclusion and the necessity of the illegal evidence exclusion in pretrial conference system. The second part through analyzing Anglo-American law system and continental law system, procedures before the court system to provide reference for our country’s pretrial conference. The third part analyzes the actuality and existent insufficiency of the system of the illegal evidence exclusion in pretrial conference. The fourth part is the core of this article,aiming at court before meeting problems of illegal evidence exclusion system, puts forward some perfecting suggestions.
Keywords/Search Tags:pretrial conference, exclusion of illegal evidence, program
PDF Full Text Request
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