Research On Exclusion Of Illegally Evidence In Pre-trial Conference

Pre-trial conference is a new litigation system that appeared in the criminal procedure law which was amended in 2012.As a preparatory procedure for the trial,the core function of pre-trial conference system is to exclude the illegal evidence by cross-examination of both parties before the trial,thereby improve the efficiency of the trial.In addition,pre-trial conference system has precedent in foreign countries,and in some way,China's pre-trial conference system is transplanted from foreign legal system,but in order to adapt to China's legal system,it needs to go through a process of localization.At present,pre-trial conference system has entered into our judicial practice and plays a certain role.However,there are many shortcomings and disadvantages,in particular,new criminal litigation law does specifics for the exclusion of illegal evidence in pre-trial conference.It is a challenge and difficult problem for China's criminal procedure about how to exclude illegal evidence in pre-trial conference.This paper is divided into four chapters: The first chapter analyzes the practice which about excluding illegal evidence in grass-roots pre-trial conference system,and takes Wuxi Binhu District Procuratorate,where writer is locating in,as the sample,rethink the pre-trial conference practiced in grassroots procuratorate by the ways of data statistics and analyzing cases,and explore existing problems of this system,such as low usage rate,defenders are not actively to use it,imperfect design of the system itself and other issues.The second chapter mainly analyzes the introduction and applicability of China's pre-trial conference system by studying the existing laws & regulations,and summarizing the research of Chinese and foreign scholars.As a ‘Foreign Thing',pre-trial conference has a short practice time in our country,but plays a positive role in reaching procedural justice,reflecting impartial trial,improving litigation efficiency and other aspects.The third chapter analyzes a series of problems,including narrow scope of application for excluding illegal evidence,of the pre-trial conference system,which leads to the problems in the actual operation mentioned in the first chapter.I believes that the reasons for the dilemma mentioned above include short practice time of the pre-trial conference system,foreign system can not fully adapt to China's national conditions,defenders are not actively to use and many other reasons.Based on various shortcomings,mentioned above,of China's pre-trial conference system in term of excluding illegal evidence,I put forward some ideas about improving the system of excluding illegal evidence in pre-trial conference.For example,by improving legislation and strong supporting system and others,thereby perfect and strengthen the illegal evidence exclusion system in pre-trial conference,make it play a more important role in China's judicial practice system,and protect the legitimate rights of the defenders,enhance judicial efficiency.