Empirical Study On Judicial Determination Of Gruelling Trial In China

"Gruelling trial",as one of the illegal forensics means to be regulated by the exclusionary rule of illegal evidence,does not work well in judicial practice.This paper explores the focus and predicament of the judicial determination of gruelling trials from the perspectives of defense,prosecution and trial,and takes an empirical research method.Hundreds of judgment documents that meet the three screening conditions of “criminal”,“gruelling trial”,“2018” are selected as survey samples for statistics,arrangement,analysis and summary,trying to clarify the existing problems and reasons,and put forward the corresponding rational route.On the one hand,the author expects that the perfection of the system can effectively reduce the phenomenon of gruelling trials.On the other hand,it is expected that the prosecuting party and the judge will pay due attention to this defense reason when proposing the defense reason for gruelling trials.Therefore,accurate cognizance gruelling trials can not only effectively protect the legal rights of criminal suspects and defendants,but also have important significance for improving the exclusionary rule of illegal evidence.The full text consists of an introduction and five parts:The first part is the research thinking and sample analysis.The second part is an summary of the gruelling trial.This section provides an summary of the definition,harm,and evolution of gruelling trial regulations.The third part is a review of the status of judicial determination of gruelling trials in China.This section takes the data collected by the author as the starting point,and examines the current status of gruelling trials from the perspective of the defense,prosecution,and trial.It mainly includes the case investigations of the defense’s defense trial for the gruelling trial,and the prosecution’s defense for the gruelling trial case investigations,case investigations in which the trial party ruled out the defendant’s related confession,and case investigations in which the trial party did not find gruelling trials.The fourth part analyzes the problems and reasons in the judicial determination of gruelling trials in China.Based on data from empirical study,this section summarizes the dilemma of judicial determination of gruelling trials: the standards of judicial determination of gruelling trials are not clear,the defense’s awareness of proof and lack of proof ability are insufficient,the prosecution proves that the investigative behavior is not up to standard,and some judges are confused Proof Power and Evidence Capability,and Institutional Identity of Police,Procuratorate and Court.The fifth part is the rational route of judicial determination of gruelling trials in China.Based on the dilemma judicial determined by gruelling trials,this section puts forward some suggestions for the future development of gruelling trial laws and regulations.The first is to clarify the judicial determination standards for gruelling trials;the second is to expand the scope of rights notification before interrogation;the third is to strengthen the prosecution’s supervisory responsibility and the burden of proof;The fourth is to establish a system of lawyers on duty during interrogation;The last is to improve the synchronized audio and video recording system.