On The Application Of Exclusionary Rule Of Illegal Evidence Under "Trial Center"

In reality,the application of the rule of illegal evidence exclusion is not ideal.The "proceeding-centered" litigation system and concept need to be completely reversed.The "trial-centered" system reform is the key to solving the issue of the application of illegal evidence exclusion rules.Where This article takes the application of the exclusionary rule of illegal evidence as the entry point,takes the existing laws and regulations as the main basis,and introduces the scope and procedure of the application of the rules of illegal evidence exclusion.It focuses on the analysis of many issues concerning the application of the rule of exclusion of illegal evidence under the "investigation center doctrine",including the narrow scope of application,the monopoly of the right to proof,the formalization of exclusion and the failure to implement accountability,through the transformation of the concept of investigation,the concept of litigation,and the concept of trial.The redeployment of the powers of the public prosecution law,complete the transition between the "two doctrines" in order to adapt to the new requirements for the application of exclusionary rules.This article through empirical research,clarified the "judicial center doctrine" under the exclusion of the rules of the application of illegal evidence problems,and for the exclusion of the rules of the new situation in the development of the optimization recommendations.