Study On The Exclusion Of Illegal Evidence In Pretrial Conference

The amendment of 2012 "People's Republic of China Criminal Procedure Law",for the first time in the form of legislation to establish the pretrial conference system and illegal evidence exclusion rules.The establishment of the two procedures demonstrates the judicial value of the fairness and efficiency of criminal proceedings,marking the further development of China's judicial reform towards the internationalization of human rights protection.The pretrial conference system and the exclusionary rule of illegal evidence have played a certain role in the regulation of public power and the maintenance of the legitimate rights and interests of the prosecuted person in the past five years.For example: to reduce the torture caused by torture.However,due to the "Criminal Procedure Law" and "judicial interpretation of the Criminal Procedure Law of the People's Republic of China" on the two major judicial practice of the lack of specific provisions.Therefore,in practice,the low rate of application of the pretrial conference system and the lack of clear evidence of illegal evidence are becoming more and more prominent.The operation of the two procedures is not satisfactory.So for now,the two procedures need to be summed up through legislation and practice gradually improved.Combining the status quo of the two procedures and the provisions of the second paragraph of Article 182 of the Criminal Procedure Law,this paper combines the two procedures of the pretrial conference system and the illegal evidence exclusion rule as the research objectives,In order to better regulate public power and protect human rights.In this paper,the system of the Illegal evidence exclusion Pretrial conference as the object of study,first clear the pretrial conference system and the exclusion of illegal evidence of the basic situation.Followed by the analysis of the current the pretrial conference system to exclude the existence of illegal evidence.Finally,for the issue to explore the system of the Illegal evidence exclusion Pretrial conference to improve the legislative measures.Based on this,this paper consists of three parts.The first part "the necessity of the exclusion of illegal evidence in the pretrial conference " This part mainly from the evidence ability review priority,the pretrial conference is the procedural decision the best procedural space and the illegal evidence in the pretrial conference to exclude the need of the practice of the need of three angles to discuss the necessity of the illegal evidence before the court session.On the basis of the necessity of the exclusion of illegal evidence in the pretrial conference,this paper clarifies the basic general situation of the exclusionary rule of illegal evidence;The pretrial conference balances the litigation capacity of the two parties to prevent the abuse of public prosecution and improve the efficiency of the trial function,the pretrial conference system of the above functions fully reflects the criminal proceedings fair and efficient judicial value.This article focuses on the exclusion of illegal evidence from the point of view,the exclusion of illegal evidence and the relationship between the pretrial conference system and the current framework of the trial process in China has been discussed in detail.The second part of the system of the Illegal evidence exclusion pretrial conference of the existence of the problem,there are a number of problems of the system of the Illegal evidence exclusion pretrial conference in the practice of judicial practice.For example,the form of the pretrial conference system(the way to start the way,the host confusion,the exclusion of different ways),the court before the exclusion of the effectiveness of illegal evidence is not clear,the court before the illegal evidence of the lack of relief Problems and so on.The existence of the above problems seriously affected the pretrial conference system to exclude the use of illegal evidence.The study of the problems of the system of the Illegal evidence exclusion pretrial conference laying the foundation for legislation perfection of the system of the Illegal evidence exclusion pretrial conference.The third part of the legislation perfection of the Illegal evidence exclusion pretrial conference,for the second part of the pretrial conference system to exclude the existence of illegal evidence,this paper seeks to analyze the causes of the problem,and then take appropriate measures to solve the corresponding problem.With regard to the way of initiating the exclusion of illegal evidence in the pretrial conference,I think that it can be initiated by the application of both sides of the court and the court with regard to the presiding officer of the pretrial conference may have a trial judge other than the trial.For example the judge's assistant or the judge of the standing court;As for the question of whether or not to inform the defendant,defense counsel and litigation agent of the participation of the pretrial conference to exclude illegal evidence procedures,I think that whether there is any dispute on the basis of the illegal evidence to decide whether or not to inform the defendant,defense counsel and litigation agent to attend the illegal evidence removal procedure at the pretrial conference.Witnesses are not required to participate in the pretrial conference to exclude illegal evidence procedures.With regard to the way of pretrial conference excludes illegal evidence,I think that the way of pretrial conference excludes illegal evidence in the form of a hearing.With regard to the procedural carrier of pretrial conference excludes illegal evidence,I think that the decision to exclude the illegal evidence for the procedural carrier.In view of the validity of the exclusion of illegal evidence in the pretrial conference,I believe that the pretrial conference should be given the exclusion of the legal effect of the unlawful evidence so that the value of the illegal evidence can be exacerbated by the pretrial conference.In view of the pretrial conference to exclude the illegal evidence of relief,I think the first instance review and second instance appeal or protest combination of relief,to fully and effectively safeguard the legitimate rights and interests of the right holder.Through this study,with a view to through legislation to improve the system of the Illegal evidence exclusion pretrial conference,so that the system of the Illegal evidence exclusion pretrial conference to play its due function and value.