To Strengthen The Status Of The Trial Center To Ensure The Implementation Of The Rule Of Illegal Evidence Exclusion

In order to solve such litigation problems as frequent occurrence of unjust,false and wrong cases,shift of trial focus and insufficient judicial authority,the criminal procedure law of 2012 formally established the rule of excluding illegal evidence,and then the fourth plenary session of the 18th central committee of the communist party of China decided to promote the"trial-centered" litigation system reform.The reform reflects the lack of the judicial concept of"trial-centered" in the field of criminal proceedings in China.In the absence of the judicial concept of the trial center,the operation mechanism of criminal procedure has formed a lawsuit mode centering on investigation.The result of the case is determined in the investigation stage,the right of examination and supervision and the right of trial have been reduced to formal confirmation,and the inherent procedural value of the criminal procedure law has not been highlighted.In order to promote the fairness and justice of trial activities,it is necessary to ensure that the evidence entering the trial procedure conforms to the legal provisions.At the same time,because of the impact of the application of illegal evidence exclusion rules on the traditional investigative centrism,it will be hindered when it is applied.Therefore,it is necessary to strengthen the central position of the trial,so as to ensure the legal and effective evidence.This paper mainly studies how to ensure the application of the exclusionary rule of illegal evidence by strengthening the centrality of trial.The exclusionary rule of illegal evidence is the meaning of the trial-centered litigation system reform,and the trial-centered litigation system reform is an important guarantee for the effective implementation of the exclusionary rule of illegal evidence.The two have a high degree of unity in the pursuit of justice in the concept of criminal justice.But in reality,the implementation of the rule is not ideal.Due to the long-standing investigative centralism,judges will always subconsciously cooperate with the public prosecution in the exercise of judicial power according to law.In addition,judges fail to timely reform the judicial concept and establish the trial-centered judicial concept.Most of the judges hold a negative attitude towards the application of illegal evidence exclusion rules.The exclusionary rule of illegal evidence,which should have helped the trial play its substantive role,was thrown out by the judge.In addition,the low rate of defense by lawyers in China means that most of the pursued persons have no access to defense assistance,and the illegal evidence exclusion rule is rarely used in defense,which leads to the stalemate between the trial-centered litigation system reform and the implementation of the illegal evidence exclusion rule.Therefore,we must clearly promote the reform of the "trial-centered" litigation system.This reform not only reflects the decisive power of admissibility of evidence and conviction and sentencing,but also reflects the restrictive negative power of judicial power to illegal investigation.The exclusionary rule of illegal evidence reflects the substantive power of the court,which is a kind of power to deny illegal investigation and to guarantee the fairness of trial.So,in order to effectively promote the implementation of the illegal evidence exclusion rule,must strengthen the central position of the trial judge clearly centered on trial justice idea,promote the judge from resisting the illegal evidence exclusion rule to apply actively,strengthen the effective defense lawyers,through the lawyer to apply for the exclusion of illegal evidence,guarantee being chased litigants legitimate rights and interests.Give play to the substantive role of trial procedure,so that judges have the ability to make independent decisions to exclude illegal evidence,and promote judicial justice.But at the same time,it must be made clear that the application of the rule of illegal evidence exclusion is both the power and the duty of a judge.A scientific and reasonable accountability mechanism should be designed for judges who do not exclude illegal evidence in accordance with the law,and the lifelong accountability system should be implemented to promote judges to exercise judicial power more fairly.