On The Strict Elimination Of Illegal Evidence In The Context Of Substantive Trial

The rule of exclusion of illegal evidence plays an important role in restraining illegal investigation,protecting human rights and promoting judicial justice.So the rule has gradually become an internationally accepted criminal evidence rule since it was bom in the United States at the end of the 19th century.Chinese Criminal Procedure Law in 1979 involved the provisions of this rule.And then,Criminal Procedure Law in 2012 established this rule for the first time in our country’s legal framework.It is a milestone in the evidence history in our country.China promulgated the "Regulation on Several Issues Concerning Strict Exclusion of Illegal Evidence in Criminal Cases" in 2017,meaning that China’s rule of exclusion of illigal evidence has moved to a new stage,that is,from the "establishment and development",to "strict implementation".Nowadays,under the background of trial-centered criminal procedure reform in China,the strict implementation of this rule has become the focus of this refonn.China’s rule of exclusion of illigal evidence has been gone through from scratch,is being gradually improved.The "Regulation on Several Issues Concerning Strict Exclusion of Illegal Evidence in Criminal Cases",on the premise of implementing the spirit and requirements of the central reform,stipulate the specific content of illegal evidence in a more detailed way,supplementing the substantive and procedural provisions,and provide a legal basis for the strict exclusion of illegal evidence in practice.Starting with the reform of substantiation of court hearing,this paper explores the logical relationship between the reform and the strict exclision of the illegal evidence on the basis of a brief introduction to the essence of the reform.In addition to the common pursuit of value in protecting human rights,curbing public power and safeguarding judicial justice,the strict exclusion of illegal evidence is the key to realize the reform of substantiation of court hearing,and the reform also creates a good environment for strict exclusion of illegal evidence.However,there are a series of problems in the application of this rule in China.This paper only focuses on the analysis of the problems of excluding illegal evidence during the stage of trial,such as the role of pre-trial meeting in the exclusion of illegal evidence,the difficulty in the initiation of the exclusion process,the imperfect proof mechanism,low exclusion rate and innocence rate and so on.The above problems are caused by various reasons,including the factors of specific rules and regulations,as well as the current legal concepts and the judicial operating environment.This paper is aimed at the difficulty of applying this rule during the stage of trial,referring to the researches of many scholars,appropriately drawing on the relevant provisions of the rule abroad,and provides feasible suggestions for the strict exclusion of illegal evidence from the perspective of legislation,judicature and relevant supporting system.First of all,putting forward suggestions on improving the substantive and procedural provisions of the rule.Secondly,in the judicial aspect,guaranteeing the independence of the trial,changing the concept of litigation,and perfecting the guiding cases are all indispensable measures.Finally,we must improve relevant supporting systems,such as protecting the rights of defense lawyers,improving the assessment and accountability mechanism,reforming the system of simultaneous sound recording and video recording.It is hoped that it will be helpful for the strict implementation of this rule in our country.