A Study On The Exclusion Of Illegal Evidence In Pre-court Meetings

The harmonious unity of justice and efficiency is the ultimate goal of litigation activities,and criminal litigation activities are no exception.However,due to the existence of illegal evidence collection,the personal rights of the parties in criminal proceedings are injured,and cases of injustice and falsehood occur from time to time,which seriously damage the judicial credibility and judicial authority.Therefore,in order to realize judicial justice,we must implement a strict illegal evidence exclusion system and resolutely stop illegal evidence collection;on the other hand,late justice is injustice,and the implementation of strict illegal evidence exclusion system and curbing illegal evidence collection is bound to consume a lot of judicial resources.At present,how to eliminate illegal evidence effectively without affecting the efficiency of litigation under the condition of large number of cases and limited judicial resources in our country has become an important task that theoretical and practical workers must solve.The current legislation of our country carries out the mode of investigation,procuratorial and judicial organs according to their respective division of labor in criminal proceedings,and can exclude illegal evidence at their corresponding stages.This kind of multi-subject with Chinese characteristics,after the whole process of exclusion model has been determined,lawmakers have high hopes for it.However,in practice,due to their own nature,the investigation organs and procuratorial organs have insufficient motive force and weak will in this process,which can not effectively eliminate illegal evidence and protect the legitimate rights and interests of the relevant personnel.In addition,without the substantive participation of the defense,the procuratorial organs exclude illegal evidence,which is more like the independent examination and application of factual evidence by the handling organs,which can not be called the illegal evidence exclusion procedure in the strict sense.According to judicial practice and extraterritorial experience,the "main battlefield" excluded from illegal evidence is at the trial stage.China is no exception,the relevant legislative provisions are also inclined to this.At the same time,due to the efficiency of the proceedings,the specialized system of pre-trial meetings was created in 2012 with a view to resolving procedural issues such as the exclusion of illegal evidence before a court.In view of the legislative purpose,the expected function and the essential attribute of the illegal evidence of the pre-trial meeting,the effective exclusion of the illegal evidence in the pre-trial meeting independently accords with the purpose of the establishment and the expected function of the pre-trial meeting,and accords with the essential attribute of the illegal evidence,and is also a good way to solve the problem of the current large number of cases in the judicial organs and to achieve the unity of "justice and efficiency" in criminal proceedings.Unfortunately,however,because of the constraints of various reasons,our pre-trial meetings still do not have the function of independently excluding illegal evidence,which not only makes it easy for the presiding judge to prejudge and affect his or her free will,but also results in the failure of the relevant functions of the pre-trial meeting,and thus the consequences of affecting "justice and efficiency".Based on the analysis of the operation status of the illegal evidence exclusion mode in our country,and from the realization of the goal of "justice and efficiency",this paper draws the conclusion that it is necessary to transform the pre-court meeting into an independent procedure for the exclusion of illegal evidence,and to play the role of the "main force" in the exclusion of illegal evidence,and puts forward the starting of standardizing the procedure of excluding illegal evidence in the pre-court meeting.Assistant judges preside over illegal evidence exclusion procedures and other relevant opinions and suggestions in pre-court meetings.It should be pointed out that the transformation of pre-court meetings into an independent procedure for the exclusion of illegal evidence requires not only the internal tapping of the potential of the judicial organs,but also the full respect and protection of the right to defence of external defenders,the understanding and support of the investigative and prosecutorial organs,and the further enhancement of the independence and authority of the judicial organs.Only in the pre-court meeting will the exclusion procedure of illegal evidence be fully and effectively exercised and finally achieve its intended purpose.