On The Exclusion Of Illegal Evidence In Pretrial Conference

Pretrial conference is an important try in “propelling the reform of litigation system centering on trial”,which,as an emerging system,is actually built through experiment for lack of blueprints to be borrowed from,thus arousing great controversy as well as numerous problems.A very important problem among it is how to exclude illegal evidence in pretrial conference.Given the fact that the judge will investigate and provide assistance based on the motion of the litigant himself or herself rather than offer to investigate such procedural matters,the procedural misdeeds should be “discovered and solved at any time”.As stipulated by the law,the illegal evidence may be excluded in every part of criminal litigations,and the same goes for the pretrial conference.However,the conference is special itself owing to its closed feature.Thus,all the matters that requires to be strictly testified have to wait for the trial.The proof that is legal in evidence is,in principle,testifying the procedural matters,which only needs free proof.However,there are exceptions cases where investigators explain in court apply to the principle of strict proof and have to be solved through trial.Subject to the law of our country,the situation of pretrial conference must be made into transcripts,which has no legal bonds.Therefore,the pretrial conference may exclude the illegal evidence,which is legally binding and shall not be changed in principle.Notwithstanding,parties of prosecution and defense who dissent from the judgment may take up relevant remedies.On the one hand,he shall hand in new clues or new evidence during the trial,and relevant proof indicating that these clues or evidence are discovered after the pretrial conference must be provided.On the other hand,he shall file the excluding applicant for relief in the second-trail or retrial.Besides,the pretrial conference in China shall be co-held by all the members in collegiate bench;the party of defense who offers to exclude illegal evidence in pretrial conference shall be informed to appear in court;the pretrial conference might as well allowing the family of the defendant to be present at hearings in order to attain great achievements both in legal and social effects.