庭前会议中的非法证据排除研究

A Study on the Exclusion of Illegal Evidence in Pre Court Meetings

2012年我国针对《中华人民共和国刑事诉讼法》(以下简称《刑事诉讼法》)进行了修改,其中一大亮点就是将庭前会议制度以立法形式予以确立,其次在庭前会议的启动理由中新加入了申请非法证据排除一项,该理由使得庭前会议具备了初步的证据审查功能。而在我国目前的司法实践中,庭前会议中非法证据排除的适用情况及效果却不尽人意。首先,庭前会议适用不到位,这将直接影响到非法证据在审前阶段的处理;其次,庭前会议非法证据排除程序存在申请启动难、非法证据处理效力不明确以及庭前会议主持人的地位等问题,本文将对以上问题出发并提出相关建议。

In 2012, China made revisions to the Criminal Procedure Law of the People’s Republic of China (hereinafter referred to as the Criminal Procedure Law), one of the highlights of which was the establishment of the pre-trial meeting system in legislative form. Secondly, a new reason for excluding non legal evidence was added to the reasons for initiating the pre-trial meeting, which provided the pre-trial meeting with preliminary evidence review function. However, in the current judicial practice in China, the application and effectiveness of excluding illegal evidence in pre-trial meetings are not satisfactory. Firstly, the inadequate application of pre-trial meetings will directly affect the handling of illegal evidence in the pre-trial stage;secondly, there are issues with the exclusion procedure for illegal evidence in the pre-trial meeting, such as difficulty in initiating the application, unclear effectiveness in handling illegal evidence, and the status of the host of the pre-trial meeting. This article will address these issues and provide relevant suggestions.