Research On The Start-up And Examination Mechanism Of "Evidence-Exclusionary" In Criminal Trial

Using the method of empirical research,this essay starts from the description of the internal meaning and external relationship of the Start-up and Examination Mechanism of“Evidence-Exclusionary”in Criminal Trial(Hereinafter referred to as"this Mechanism"),demonstrates the empirical situation,real predicament and its causes of "this Mechanism" in our country through the comparison of typical case analysis and empirical data.And through comparative analysis of the relevant theories and practices of"this Mechanism" in civil-law legal system,anti-litigation law system and the mixed-law system.In the end,according to the reality of criminal justice in our country,this essay makes a few references to improve "this Mechanism".In addition to the introduction and conclusion of this essay,there are four chapters:The first chapter mainly describes the basic content of the "this Mechanism",including its intrinsic meaning and external relations.The second chapter demonstrates the empirical situation,real predicament and its causes of "this Mechanism" in our country through the comparison of typical case analysis and empirical data.The third chapter introduces the relevant theories and practices of "this Mechanism" in civil-law legal system,anti-litigation law system and the mixed-law system through comparative analysis.Also analyzes the Similarities and differences between this three legal systems.In the fourth chapter,according to the actual situation in our country,this essay puts forward three suggestions to improve "this Mechanism":First,to guarantee the correct exercise of judicial power.It is necessary to strengthen effective supervision of the judiciary from outside,and also to strengthen the idea of Due Process of judiciary from inside;Second,to regulate the referendum behavior of the unification and impartiality.Specifically,it is necessary to promote case guidance so as to promote normative“Evidence-Exclusionary”;to strengthen the review of judgments and enhance the ability of "Evidence-Exclusionary";to deepen the openness of the documents and strengthen the reasoning of“Evidence-Exclusionary”.Third,to reasonably clear the burden of proof.On the one hand,to clarify the initial level of defendant's production.On the other hand,to focus on reviewing the prosecution's evidence.