Research On The Application Of The Rule Of The Illegal Evidence Exclusion In The Criminal Pretrial Conference

The 2012 amendments for "China's Criminal Procedure Law" and its judicial interpretation,put forward our country pretrial conference program design and the corresponding exclusionary rules of illegal evidence,which is the continuous improvement of our criminal pretrial conference system,also marks the exclusionary rule of criminal illegal evidence legislation has made great progress,but it is undeniable that the pretrial conference,the exclusion of illegal evidence in practice there are still some problems or deficiencies,thus affecting the judicial application and good performance of the play.Based on this,this paper demonstrates the pretrial proceedings,the exclusionary rule of illegal evidence implementation situation and existing main problems in the legal theory,and two legal legislation experience under the guidance,put forward the corresponding countermeasures and suggestions from the aspects of entity and procedure.After researching on "criminal pretrial conference" review on the problems on exclusionary rule according by its practice and investigation,the current in this field in China is lack of evidence disclosure rules,lack of treatment and exclusion of illegal evidence exclusion effect of the uncertainty of the illegal evidence.Although there are many theories about the illegal evidence in the criminal pretrial conference,the author tends to be limited to the court before the trial ".The legal basis of the illegal evidence exclusion in the criminal pretrial conference stage is to guarantee procedural justice,promote justice and improve the efficiency of litigation.Combination of foreign pretrial demonstration meeting the trial of the exclusion of illegal evidence in the experience,China should adhere to the " criminal pretrial conference " exclusion of illegal evidence in the legal concept and the rule of law,handling of the illegal evidence should be taken to compromise ideas,and further improve the pretrial conference demonstration trial procedure legislation,establishment of evidence discovery system before the court,to determine the handling of illegal evidence exclusion,defining the effect of exclusion of illegal evidence,in order to collaborative development path clear criminal " pretrialconference system and the exclusionary rule of illegal evidence.