Perfecting The System Of Illegal Evidence Exclusion Under The Perspective Of Trial-center

In 2014,the Fourth Plenary Session of the 18 th CPC Central Committee proposed a litigation system reform of trial-center.In 2016,for advancing the pace of reform,the two high and three ministries jointly issued the "Opinions on Advancing the Trial-Centered Criminal Litigation System Reform".It clarified the specific direction of reform,the need for a sound litigation system,and other issues,and emphasized the link between improving the system of illegal evidence exclusion and the reform of the trial center.The first part of the paper introduced the trial-centered litigation system reform and the illegal evidence exclusion system.The first chapter explains the connotation and reform significance of the trial center.The second chapter introduces the concept,origin and theoretical basis of the illegal evidence exclusion rule.The third chapter highlights the changes of this system in China by reviewing the legislative process of the rule of exclusion of illegal evidence,and expresses the practical effect that we expect the system to achieve.The fourth chapter emphasizes the systems' common value pursuit and illegal evidence exclusion rules' unique value for trial center reform,so as to clarify the relationship between the two.The second part to introduce the illegal evidence exclusion rules in the United States,Britain,Germany,and Japan in more detail,from the main content,the object,the provisions and practices of the "Fruit of poisonous trees",the initiation procedure for the exclusion of illegal evidence,and the exceptions and practices of the illegal evidence exclusion rules.The purpose is to make some of the illegal evidence exclusion rules for reference in the later part.The third part of the article writes the status quo of the implementation of the illegal evidence exclusion system in China and more serious problems in the system from the perspective of the trial center.By comparing with foreign related systems,it provides an entry point for the later part of the text.The fourth part attempts to improve the implementation and legislative status of the illegal evidence exclusion rules from the perspective of the reform of the trial center.Judging from judicial practice,the problem of illegal evidence exclusion and interference with court trials still exists.In order to more effectively use the illegal evidence exclusion rules in the existing litigation framework to restrict illegal forensic behavior and the flow of illegal evidence to the trial stage,the author tries to investigate or review the prosecution and trials in three stages,and has existing procedures in China.On the basis of the procedures,we will further improve and innovate,and learn from relevant foreign systems.Such as the presence of lawyers in the investigation and interrogation system,audio and video recording system;the investigation and prosecution stage should assist the investigation organs to change the investigation mode of confession-centred,establish an independent illegal evidence elimination procedure,and enhance the supervision function;setting up Pre-trial judges at the pre-trial meeting.Improve relief procedures and more.From the perspective of the legislation,in order to adapt to social development,it is necessary to expand the scope of illegal evidence exclusion,clarify the extension of illegal evidence collection methods,and fill the legislative gap of the "fruit of poisonous trees." Compared with the procedural changes,legislative changes can fundamentally promote the improvement of judicial reform and evidence exclusion systems.