Exclusion Of The Illegal Evidence In Pretrial Conference

The criminal procedure law which was amended in 2012 sets the pretrial conference system and tries to solve some new problems brought by the “Photocopyism”.However,due to the system which is too simple and too vague in the current legislative provisions,the illegal evidence exclusion function which is the main function of it plays not very well.Through the introduction of the function of pretrial conference and the essence of exclusion of illegal evidence,the article tries to prove that the illegal evidence should be excluded in the pretrial system.Also through the analysis of the exclusion criteria of the illegal evidence,the article tries to explain that it is not available to exclude illegal evidence in the pretrial conference.So I get a conclusion that how to deal with the illegal evidence in the pretrial conference and how to reform.The text is divided into four parts.The first part introduces the concept of the pretrial conference and its feature.Then I demonstrate the essence of the exclusion of illegal evidence,make a conclusion that the illegal evidence should be excluded in the pretrial conference.The second part discusses on the illegal evidence exclusion criteria,and comes to a conclusion that it is not available to exclude the illegal evidence on the pretrial conference.What is more,based on the refuting about the academic viewpoints,I demonstrate that it is hard to exclude illegal evidence on the pretrial conference.In the third part,in order to do well in the connection with the trial,I discuss how to deal with the illegal evidence in the current pretrial conference.Both the handling of the application for the withdrawal of illegal evidence and how to carry out the preparatory work for other illegal evidence are included.Around the illegal evidence exclusion criteria,the fourth part gives suggestion on several aspects to make the pretrial conference perfect.