On The Operation Procedure Of The Criminal Illegal Evidence Exclusion Under The Trial Of The Center Doctrine

Criminal illegal evidence exclusionary rules for the maintenance of civil rights,curb illegal investigation,judicial justice is of great significance,has become the criminal procedure of punishing crime and protecting human rights between the special balance mechanism was adopted by all countries in the world,and a series of international conventions are absorbed into the international rules of criminal evidence.Our country's criminal illegal evidence exclusion rules experienced from scratch to the evolution process of gradual improvement.From 1979 thirty-second to the criminal procedure law of our country at the time of the illegal evidence concept definition,1996<Criminal Procedure Law>amendments to the provisions of article forty-third,to 2010 two senior department jointly issued a "for review of death penalty the case to determine the provisions on several issues of evidence" and several issues concerning the exclusion of illegal evidence in criminal cases handled by the provisions,on the basis of the 2012 "Criminal Procedure Law>amendment by evidence of chapters fifty-fourth to 58,clearly defines the scope of China's illegal evidence exclusion of the legal consequences,start the program the standard of proof,the investigation procedures,contents of remedies,and the Supreme People's court and the implementation of the related interpretation of the Supreme People's Procuratorate and the Ministry of public security judicial handling,and other relevant provisions,.Fine provides the application of the rules of illegal evidence,operating procedures,thereby building a series of from the entity to the program,multi-level illegal evidence exclusion system.The improvement of the legal system can not be separated from the practice of inspection,construction and improvement of the criminal illegal evidence exclusion system also need to examine the system of the actual operation of the operation process of the various problems.Such as:when the parties put forward?How to put forward?How judicial personnel to review and rule out?How to remedy the right of the party,etc..Therefore,the construction of a set of procedures for the removal of illegal evidence has become a hot issue in the current criminal legislation,judicial practice and legal research.But in recent years,most scholars focused on the scope of the illegal evidence and reference foreign definition,subject to review,the standard of proof of the exclusionary rule of illegal evidence theory and value,thinking and construction of exclusionary rule in China substantive content,special research on the procedure system of exclusion of illegal evidence rarely involved.The exclusionary rule of illegal evidence can play a role,there is a complete set of operating procedures.Based on analyzing the procedure of exclusion of the current criminal illegal evidence,find out the problem,through analysis and research.experience comparing foreign exclusionary operation procedure,the criminal illegal evidence exclusion process.Some can learn from foreign experience of order:running should reflect on the protection of human rights as the foundation,to build a comprehensive investigation,prosecution,trial and restriction with the criminal justice system,follow the structure of lawsuit trial center under construction,to limit the ability to process perfect order.Evidence exclusionary rule in China should be based on "the trial center" as the core to establish the rules of criminal evidence system,by the prosecution and trial three,judge court,the core power control the whole operation of the program.Therefore,suggestions from the following aspects,constructing China's judicial doctrine under the center of the exclusion of illegal evidence to run the program:to construct mode of exclusion of illegal evidence in court the Conference Center for the construction of illegal evidence;all phase of the trial center under the doctrine of exclusion echanism;establish the mechanism to start the operation of illegal evidence exclusion;perfect exclusionary rule of illegal evidence The mechanism of proof;the form of the conclusion of the investigation of the illegal evidence and the relief mechanism.This paper will take the trial procedure as the core,to Beihai court caused widespread concern in the country of Pei Jinde 5 people such as the crime of intentional injury(also known as Beihai law case)and Meng Rongzhan 10 people bribery,bid rigging crime two cases as the research object,in the investigation of illegal evidence to start trial related nodes exist the problem of sorting out the program,start the time limit for the trial stage focuses on the exclusion of illegal evidence,investigation and trial procedure,analyze the problem of standard and evidence excluded legal consequences,using the literature research method,case study method,run the program of the exclusive rule of illegal evidence of comparative study.This paper is divided into four parts,the concept.The first part mainly explains the concept of illegal evidence exclusion to run the program,trial center doctrine,and the relationship between the illegal evidence exclusion to run the program;the second part focuses on the status quo and analysis of the legislative history of the criminal illegal evidence exclusion procedure Problems run in sequence;the third part introduces the foreign typical countries about illegal evidence exclusion program experience and enlightenment,on our thinking;finally,thinking of the construction,operation procedures exclude illegal evidence in our country from the mechanism model,construct the socialist judicial center under the exclusionary operation procedure is proposed the specific operation,provide feasible suggestions in order to develop the theory of criminal illegal evidence and judicial practice.