Study On Pre-trial Conference Illegal Evidence Exclusion

The issue of illegal evidence is a critical problem in the course of criminal proceedings,in recent years,it has caused a heated discussion in the criminal procedure academic circles.Especially,the formally establishing of illegal evidence exclusion rules in the Code of Criminal Procedure,causes a wide range of social discussion,and it also indicates that our country’s practice of illegal evidence exclusion has moved towards a new milestone.In the past,the investigate practice of illegal evidence exclusion generally happened during the trial,which faced many obstacles.The system of pre-trial conference established in the new Code of Criminal Procedure provides an opportunity to exclude illegal evidence before the trial,and relevant judicial interpretations also made further provisions of the operation of the judicial practice,which points out the direction to Chinese practice of illegal evidence exclusion.This article exploring excluding illegal evidence in pre-trial conference in this context,is of great practical significance.This article besides the introduction and the conclusion,the main text is composed of four parts.The first part makes an analysis and expounding of the stage choice of illegal evidence exclusion.Firstly,it made a narrow level to define the concept of "illegal evidence",which means "evidence obtained through illegal means".Secondly,it starts from limitations of excluding illegal evidence during the trial,which faces problems such as judges bear great pressure,investigators do not want to appear in court,trial efficiency is reduced and the defense function defense function alienation drawbacks,thus to further elaborate the significant value advantage of the pre-trial conference stage to exclude illegal evidence:it is both the inherent requirements of the course of justice and the practical needs of litigation effective,but also the spirit of the legislation should connotation.Finally,it puts forward the major view of this article,that excluding illegal evidence in pre-trial conference should be the natural choice of our country.The second part makes an in-depth analysis of the actual problems facing in excluding illegal evidence in pre-trial conference.Legislation’s slipshod and related explanation which is not clear bring lots of problems to the practice of exclusion.First of all,the excluded range is not clear;secondly,the ways of proven are unreasonable;finally,the exclude procedure is not clear.These problems,if not addressed,will certainly affect the effect of illegal evidence exclusion,thus affecting the real implementation of the Code of Criminal Procedure.The third part is the outlook of excluding illegal evidence in pre-trial conference,which is the core part of this article.Against the difficulties pointed out by the second part,this part puts forward concrete ideas to solve the dilemmas:firstly,make clear of the scope of the illegal evidence.The situation of "disguised form of torture" should be clear.The confessions obtained by "Threat,enticement,deceit",and "repeated confession",should be excluded by discretion.Secondly,consummate the ways of proven.The "note" proven should be canceled;the synchronized audio and video recording system should be improved,and the adverse consequences of the non-appearance of investigators should be clear,and the adverse consequences of the non-appearance of investigators should be clear thus contributing them to testify in court.Finally,fully protect defendants’ rights exercise effectively by designing the starting procedure,hearing procedure,adjudication procedure and remedies procedure legitimately.The fourth part is about the consummation of supporting measures.In this part,evidence discovery system and the legal aid system should be reformed to create a favorable external environment for the effective operation of the illegal evidence exclusion rules,so as to promote the exclusionary rule.Evidence discovery system promotes both defendants and prosecutors to exchange information to achieve the purpose of improving efficiency of proceedings by clearing the scope of displaying obligations,the principal,and the consequences of violation of the obligation to open shows.The legal aid system is envisaged to take two steps,the first step is to put the economic-difficulties defendants which apply for illegal evidence exclusion into the areas shall provide legal assistance.The second step is to establish a public defender system gradually,enhancing effective oversight of exercise of investigation right,and achieving the purpose of standardizing investigator’s act.