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Study On The Exclusionary Rule Of Illegal Evidence In Pretrial Conference Of China

Posted on:2020-05-26Degree:MasterType:Thesis
Country:ChinaCandidate:T HanFull Text:PDF
GTID:2416330572457446Subject:Law
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Pretrial conference is a concept of Anglo American law system.It often takes pretrial procedure and intermediate procedure as manifestations in western countries.The pre court meeting occurred before the court's decision to trial and before the formal trial;it was carried out under the participation of the three parties of control,defense and trial;it was mainly prepared for the trial.The exclusionary rule of illegal evidence in pre court meetings is the rule of illegal evidence obtained by controlling,defending and examining the three parties before a formal court trial to exclude the legal rights of the accused.With the introduction of the "two evidence rules" to exclude illegal evidence in 2010,it indicates that the rule of excluding illegal evidence in our criminal field is initially established in the formal legal provisions.The subsequent legal documents are also improving relevant contents of exclusionary rule of illegal evidence.It can be said that these legal documents clarify the specific standard and scope of illegal evidence exclusion,and enhance the applicability of exclusionary rule of illegal evidence.At the same time,we should also see the shortcomings of the exclusionary rule of illegal evidence,such as the low elimination rate of illegal evidence and the unclear effect of the exclusion.In 2012,the newly ruled out the contents of illegal evidence in pretrial meetings,and provided an ideal platform for excluding illegal evidence.The pretrial meeting excludes illegal evidence from the rule of excluding illegal evidence in the pre court meeting,placing the evidence of the evidence of the investigation organs under the effective supervision,producing enough deterrence to the illegal forensics,and regulating the evidence for the evidence of the investigation organs.Although the law stipulates that illegal evidence can be excluded from investigation,prosecution and prosecution,the effect of excluding illegal evidence is limited in these two stages.A large number of illegal evidence is coming into the formal court trial.The trial judge will face complicated evidence and increase repetitive work.To solve the problem of eliminating illegal evidence in the pre court meeting,it can make the following trial activities concentrate on dealing with the facts and improve the efficiency of the litigation,which should be in line with the basic idea that the procedural problems should be solved before the substantive problems.Excluding illegal evidence in the pretrial conference can improve the efficiency of litigation and minimize the influence of illegal evidence on the trial judge's discretional evaluation,which is consistent with the basic rule of litigation principle.But in judicial practice,due to the establishment of the pretrial conference system,the specific legal provisions need to be further improved.In the pretrial conference,the system of excluding illegal evidence did not achieve the desired effectandplayed its proper value function.Its main shortcomings are shown in: the object of the exclusion of illegal evidence is unknown,the effectiveness is uncertain,start the program provided no specific lack of specific procedures,the trial judge presided over the court before the meeting reduces the functional effect of the exclusion of illegal evidence,pretrial supporting system follow up meeting the exclusion of illegal evidence lag.A country with sound legal system has a long and relatively mature rule similar to our pretrial conference to exclude illegal evidence.Through the comparison and reference,combining with the present situation and characteristics of criminal justice in China,the author thinks that our country should improve the system from the following aspects: to construct the pretrial conference is based on the exclusion of illegal evidence,illegal evidence exclusion trial to supplement the mode of exclusion;clear scope of exclusion of illegal evidence in court before the meeting of the parties;effectiveness and the exclusion of illegal evidence in court before the meeting clearly;improve the starting procedure meeting the exclusion of illegal evidence before the court presided over by filing establishment;as a judge of the court of the pretrial conference;and establishment of the pretrial conference to exclude illegal evidence supporting evidence discovery system.
Keywords/Search Tags:Pretrial conference, Exclusion of illegal evidence, Lawsuit efficiency
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