| The Provisions on Certain Issues Concerning Strict Exclusion of Illegal Evidence in Criminal Cases promulgated by the "Supreme People’s Court Supreme People’s Procuratorate Ministry of Public Security Ministry of National Security Ministry of Justice" on June 27,2017 provide that suspects and defense lawyers have the right to apply for procuratorial organs to exclude illegal evidence at the stage of investigation and at the stage of examination and prosecution.Compared with the extermination of investigative authorities and procuratorial organs ex officio,the defense attorneys are the defenders of the lawful rights and interests of criminal suspects,and defense lawyers are also more motivated to exclude illegal evidence.Therefore,the timely and effective removal of illegal evidence in the pre-trial stage requires the full play of lawyers’ participation.However,due to the imperfections of China’s laws,lawyers still have many problems in the process of participating in the removal of unlawful evidence before trial,and they do not exert their due value.This article examines the involvement of lawyers in the exclusion of pretrial criminal evidence from four aspects.First,on the basis of defining the basic concepts,the elements and values of lawyers,participation in pre-trial illegal evidence exclusion are described.Secondly,in conjunction with the status of the lawyer’s participation in the legislative and judicial review of pretrial illegal evidence exclusion,it focuses on analyzing the limited access of lawyers,the lack of operability of lawyers’ application conditions and procedures,the disclosure of lawyer opinions,the lack of defense mechanisms and the less protection of lawyer’s rights.Third,by exploring the relevant systems in the three countries of the United States,the United Kingdom and Russia,we explored useful ideas for China.For example,the United States,Britain and Russia mainly investigated the legality of the evidence in an open and hearing manner before the trial,and provided for the improvement of the legal aid system and the defense system.Finally,adhering to the concept of human rights protection and full participation of lawyers,the specific improvement measurements of participation of lawyers in the improvement of illegal evidence before trial are proposed according to widening the way lawyers participate,detailing the conditions and procedures for lawyers5 application,guaranteeing the flull disclosure of lawyer’s opinions,improving the defense mechanism for the defense and Safeguarding the rights of lawyers. |
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