| In order to ensure the quality of court trials,our country’s 2012 amendment to the Criminal Procedure Code introduced the pretrial conference system,which deals primarily with procedural issues,including the removal of illegal evidence.As a preparation procedure for formal hearings,pretrial conferences play an important role in promoting centralized,adequate and efficient hearings.After a series of regulations and judicial interpretations have been supplemented and improved,the pretrial conference system is more practical and feasible,and the handling of illegal evidence matters is also more operative.With the deepening of the reform of the litigation system,With the deepening of the reform of the litigation system,the role of pretrial meetings in dealing with the issue of illegal evidence has become increasingly prominent,becoming an important procedure for pre-examination of the legality of evidence.Foreign countries also have pretrial procedures similar to those of our country’s pretrial conference,which are established earlier and developed more complete than our country.Comparing the pretrial procedures of the Commonwealth and the Continental Law system,it can be found that the four representative countries attach great importance to the handling of illegal evidence in the pretrial proceedings,and each has its own characteristics and advantages in specific system settings.In general,the pretrial procedures in the four countries have been applied well,and the exclusion of illegal evidence has also been effective.In our country’s current judicial practice,the application and effect of the pretrial meeting to exclude illegal evidence is not satisfactory.First,the application of pretrial conference is not in place,which will directly affect the handling of illegal evidence in the pretrial stage;secondly,there are problems in the pretrial meeting for the removal of illegal evidence,such as difficulty in starting applications,the defendant’s participation in the procedure still needs to be implemented,and the effectiveness of illegal evidence processing is not clear.Through comparative investigation,based on the current situation of criminal justice in China,we can start with the following four aspects to improve our country’s pretrial conference’s illegal evidence exclusion procedure: The first is to properly apply pretrial meetings to provide space for the elimination of illegal evidence,based on the rational view of the low utilization rate of the pretrial conference,the situation should also be clearly defined to reduce reliance on court proceedings;the second is to ensure the smooth start of the illegal evidence exclusion procedure of the pretrial conferences,not only to refine the notification mechanism of illegal evidence exclusion,but also to clarify the certification standards for the initiation of the defense procedure;third,to better understand the importance of the defense’s involvement,to protect the lawyer’s right to seek assistance and continue to implement the defendant’s procedural participation;fourth,to clarify the effectiveness of the pretrial conference to exclude illegal evidence,and to grant the pretrial conference The judge has the right to exclude illegal evidence and gradually realize the openness of the procedure. |
