Study On The Exclusion Of Illegal Evidence In Pretrial Conference

Pretrial conference has the gene of Anglo-American law,and there are special regulations on the procedure of pretrial meeting in Anglo-American law system.Although there is no specific provision in the civil law system,procedures for the realization of the role of the pretrial conference are also established in the pretrial preparation phase.In 2012,China revised the criminal procedure law of the People's Republic of China(hereinafter referred to as the "criminal procedure law"),and one of the highlights is to establish the pretrial meeting system in the form of legislation.This marks the formal formation of the pretrial meeting system in China's judicial system.The problem of illegal evidence exclusion has always been the focus in the field of criminal procedure,which is related to both substantive justice and procedural justice.After the amendment of the criminal procedure law in 2012,an application for the exclusion of illegal evidence was added to the reason for starting the pretrial meeting,which enabled the pretrial meeting to have a preliminary evidence review function.The elimination of illegal evidence in the pretrial meeting can not only further improve the litigation efficiency,but also regulate the relevant evidence collection activities of the investigation organs according to law.At the same time,it can also minimize the adverse impact of illegal evidence on judges.This mode is in line with the basic law of litigation in terms of operation logic.In the pretrial meeting,illegal evidence removal is carried out without any obstacles from the perspective of procedure,not only theoretical support,but also good practice cases abroad.The development and improvement of the procedure of eliminating illegal evidence in pretrial conference has gone through the following stages: the beginning of the system,the enrichment of the system,the improvement of the system,the formation of the system and the establishment of the system.Through combing the relevant court before meeting with the illegal evidence exclusion of relevant legislative documents,it is easy to see: the purpose of the lawmakers to court before meeting for channels to the greatest extent to clarify some of the prosecuting anddefending parties in dispute,at the same time to judge interpretation program next may apply to this case,do a good job in anticipation to make trial on the focus of the controversy surrounding the issue of concentrating hearing.It is a common practice in the world whether it is common law or civil law to exclude illegal evidence before a court.Moreover,in recent years,sufficient space has been gradually opened up for the illegal evidence exclusion in the legislation of pretrial conferences,and the applicable space of the procedure of illegal evidence exclusion in pretrial conferences has been gradually expanded in the legislation.In addition,the pretrial meeting is also the best litigation stage for the illegal evidence exclusion,which has great institutional advantages.The reasonableness of eliminating illegal evidence in pretrial meeting is mainly reflected in three aspects: it is helpful to standardize the behavior of evidence collection,to ensure the realization of procedural justice value,and to improve the efficiency value of litigation procedure.At the same time,we can not ignore that in the judicial practice process,there are many problems in the pretrial meeting illegal evidence exclusion procedure.The imperfection of the pretrial meeting initiation procedure leads to the low enthusiasm of the parties involved;Pretrial meeting judge and trial judge are one,the moderator is lack of neutrality;Unclear procedure for illegal evidence exclusion;The validity of the pretrial ruling excluding illegal evidence is unclear;Lack of relief system.In the future,the procedure of eliminating illegal evidence in pretrial meetings should be improved.Countries outside the region have earlier development of pretrial preparation procedures and have rich experience,which can be used for reference.Whether in Anglo-American law system or continental law system,in terms of the time selection of illegal evidence exclusion,most countries exclude illegal evidence in the trial preparation procedure before the formal hearing,which has universality.Pretrial preparation and trial are handled by separate judges;In the scope of exclusion,the prosecution evidence is the main body of review,for the defense evidence has greater tolerance;At the same time the evidence discovery system also played a particularly important role;The ruling on the exclusion of illegal evidence made in the pretrial procedure is legally binding throughout the trial,which strengthens the authority of the pretrial procedure.Based on the above analysis,the author puts forward the following specific measures :(1)to clarify the positioning of pretrial meeting;(2)to further clarify the subject of the exclusion of illegal evidence.(3)separation of pretrial judges and trial judges shall be gradually realized.(4)detailing the operating procedures for the removal of illegal evidence in pretrial meetings.(5)to give legal binding force to the pretrial meeting illegal evidence exclusion procedure.(6)establish relief procedures.