On The Exclusion Of Illegal Evidence In The Pretrial Stage

Evidence occupies a very important position in criminal proceedings and is the basis for ensuring the fair and complete conduct of criminal proceedings.Every link from filing to trial is based on evidence,and all highlight the importance of evidence.In recent years,a series of unjust,false and wrong cases such as the Nie Shubin case and the Zhao Zuohai case have frequently attracted attention.There is one thing in common behind these cases is that there are illegal evidence forensics,which seriously infringe on the legitimate rights and interests of the parties and damage legal justices.At present,under the background of trial-based litigation system reform,whether it is based on the spirit of legislation or judicial practice,the focus of the elimination of illegal evidence should be put in the pre-trial stage.Exclusion of illegal evidence at the pre-trial stage is of great significance to the entire criminal litigation activity,which is also an important manifestation and due meaning of the rule of excluding illegal evidence.The thesis mainly analyzes the problems and causes of the application of illegal evidence exclusion in the pre-trial stage in China,absorbs and draws on the experience of foreign illegal evidence exclusion rules,and proposes corresponding perfect suggestions for the application of the illegal evidence exclusion rules in the pre-trial stage in China.,Abandon the traditional judicial concept,take the initiative to adapt to the current background of litigation reform,standardize the evidence collection and evidence review level of the judicial organs at the pre-trial stage,and improve the construction of related supporting systems.