Exclusion Of Illegal Evidence In Criminal Pre-trial Meetings

With the promulgation of the 2012 new "law of the people's Republic of China Criminal Procedure Law, extent, promote the illegal evidence in China's criminal proceedings exclusion system design has been the trend of the systematic, institutionalized process. The exclusion of illegal evidence is complete is the basic guarantee to achieve fairness and justice of criminal procedure value, but also an important standard to measure a country of modern criminal procedure legal results. At the present stage in our country although already during the trial, the judge initially established a system of illegal evidence exclusion, but now China is in this illegal evidence exclusion system establishment and practice of early, need from a global perspective to establish illegal evidence exclusion system view, illegal evidence exclusion system throughout all stages of the trial. Thus, in 2012 the "Criminal Procedure Law" revision increased criminal pretrial conference system antecedent, should consider the illegal evidence rule out the introduction of pretrial conference system. Through the analysis on the basis of the exclusion of illegal evidence at this stage of the pretrial conference related legislation and enforcement, refining pretrial conference of illegal evidence exclusion problems and causes in the block, and then study of Anglo American law system and continental law system set up and extract the relevant experience and lessons. And through a combination of experience and theory, makes both theoretical circles and judicial practice are full attention to illegal evidence exclusion of evidence system of trial before the expansion, and fully mobilize the active value of prosecution, defense and trial, judicial justice and efficiency to achieve a win-win situation to provide solid theoretical basis and system conception.