Research On The Court Ruling Procedure Of Criminal Illegal Evidence

In recent years,China legislation of criminal evidence is becoming richer,and getting the initial formation of the evidence system,but from the use of the exclusionary rule of illegal evidence,it did not reach the expectations of the legislation,especially with regard to the adjudication of the illegal evidence,lacking procedural judgment caused the marginalization of the exclusionary rule of illegal evidence in a certain extent.There are reasons about the application of law and the implementation of the system,but more importantly,it is because the rules of illegal evidence exclusion are not perfect.Based on this,In this paper,the author makes an argument on the judgment of the illegal evidence,according to the spirit of the document The opinions on the implementation of the reform of the criminal procedure system focusing on trial issued by the Supreme People’s court in February 17,2017,starting from the current situation of practice and doing the reflection,put forward that our country should establish the court ruling procedure of criminal illegal evidence,in order to optimize the procedure of illegal evidence exclusion system,and make it more fit the core value in the direction of judicial reform focusing on trial.In addition to the introduction and conclusion,it is divided into five parts:The first part: Overview on the basic theory of the procedure of judging criminal illegal evidence in court.This part starts from the connotation of the procedure of judging criminal illegal evidence in court,and explores its properties and features,than analyzes the rationality of the procedure based on the "subjectivity","theory of justice" and "efficiency theory" and other social sciences.The second part: Theoretical and practical exploration on the procedure of judging criminal illegal evidence at home and abroad.This chapter is divided into two parts.Firstly,produces the evolution of relevant laws and regulations in our country,and summarizes some domestic scholars’ view on this problem,and than investigates procedures in the judicial practice;finally puts forward the reference significance to the procedure by the relevant law of the two legal systems.The third part: Restrictions and feasibility of judging criminal illegal evidence in court in our country.This chapter analyzes the traditional litigation values,current judicial system and constraints of evidence system on the implementation of such procedure under the present law values and the litigation framework,and analyzes the feasibility of such procedure in practice,with the development of the judicial and justice concept as well as the improvement in professional quality among the judges,against the background of judicial reform focusing on trial.The fourth part: The procedure exploration on judging criminal illegal evidence in court.This chapter defined the principle and condition for applying this procedure,and than elaborates the practice and ideal judgement form in specific procedure.The fifth part: The matching measures for carrying out the procedure of judging criminal illegal evidence in court.from the substantive provisions of the illegal evidence exclusion rules,pretrial conference function playing,dredging forensics channels,improving the quality of judges,put forward to improve the design of the procedure in the implementation of relevant measures to ensure the smooth progress of the criminal illegal evidence in court ruling procedure.