刑事案件庭前会议中证据排除问题研究
发布时间：2018-08-15 12:22
【摘要】：随着我国司法建设的加强,在庭审制度方面进行了重大的改革,特别是新刑事诉讼法的实行,许多新的法律制度出现在我国的刑事诉讼法律中。而庭前会议制度是一项符合现代刑事诉讼法的要求,适应当前社会发展的一项新型法律制度,在借鉴外国刑事庭前制度和继承本国刑事诉讼优点的基础上产生的。笔者认为刑事庭前会议主要任务是非法证据的排除,若对辩护人搜集的证据有异议的,应当提出。检控方通过参加这个庭前会议,通过了解案件事实、证据材料对法律适用的争议提出不同意见,解决与程序有关的问题,为后面正式的法庭审理做好准备。另一方面,辩护方对控方出示的证据有异议,可以提出非法证据排除的申请,这样既有利于保护被告人的合法权益,又避免非法证据进入庭审,拖延了诉讼的时间,降低了诉讼的效率。笔者通过对我国庭前会议非法证据排除现状的分析和说明,指出了我国的庭前会议在排除非法证据方面存在不足,并且对国外庭前程序的借鉴上也比较尴尬。那么针对这种情况在庭前会议及非法证据问题如何进行改革,笔者提出了一些设想。本文从结构上分为绪论和正文。在绪论部分,笔者阐述了写作本文的必要性及研究背景。正文分为五部分：第一部分主要阐释了庭前会议和非法证据排除两个概念并介绍了庭前会议中进行非法证据排除的操作程序。第二部分是分析了我国庭前会议非法证据排除的现状,指出了这项制度的缺点和不足,并指出今后改革做面临的难题和困境。第三部分对各国的庭前程序作了比较研究。第四部分进一步阐述了庭前会议非法证据排除的法理基础和价值功能。第五部分是本文的重点,针对庭前会议非法证据排除提出了一些制度的探索。
[Abstract]:With the strengthening of judicial construction in our country, great reform has been carried out in the trial system, especially in the implementation of the new criminal procedure law. Many new legal systems appear in the criminal procedure law of our country. The pretrial conference system is a new kind of legal system which accords with the requirements of the modern criminal procedure law and adapts to the current social development. It is produced on the basis of drawing lessons from the foreign criminal pretrial system and inheriting the advantages of domestic criminal procedure. The author thinks that the main task of the conference before the criminal court is to exclude the illegal evidence, if there is any objection to the evidence collected by the defender, it should be put forward. By attending the pre-court meeting, the prosecutor raises different opinions on disputes concerning the application of the law by understanding the facts of the case and the evidentiary materials, resolves questions related to the procedure, and prepares for the subsequent formal court hearing. On the other hand, if the defence objects to the evidence presented by the prosecution, it may apply for the exclusion of illegal evidence, which will not only help to protect the legitimate rights and interests of the accused, but also avoid illegal evidence from entering the trial, thus delaying the time of the proceedings. It reduces the efficiency of litigation. Based on the analysis and explanation of the current situation of the exclusion of illegal evidence from the pretrial conference in China, the author points out that there are some deficiencies in the exclusion of illegal evidence in the pretrial conference of our country, and the reference to the foreign pretrial procedure is also relatively awkward. In view of this situation in the pretrial conference and illegal evidence issues how to reform, the author put forward some ideas. This article is divided into the introduction and the text from the structure. In the introduction part, the author expounds the necessity and research background of writing this paper. The text is divided into five parts: the first part mainly explains the two concepts of pretrial meeting and illegal evidence exclusion and introduces the operation procedure of illegal evidence exclusion in pre-trial meeting. The second part analyzes the current situation of the exclusion of illegal evidence in China's pretrial conference, points out the shortcomings and shortcomings of this system, and points out the difficulties and difficulties faced by the future reform. The third part makes a comparative study on the pretrial procedure of various countries. The fourth part further expounds the legal basis and value function of the exclusion of illegal evidence. The fifth part is the focus of this paper, aiming at the exclusion of illegal evidence in the pretrial meeting, the author puts forward some system exploration.
【学位授予单位】：兰州大学
【学位级别】：硕士
【学位授予年份】：2015
【分类号】：D925.2
本文编号：2184186
[Abstract]:With the strengthening of judicial construction in our country, great reform has been carried out in the trial system, especially in the implementation of the new criminal procedure law. Many new legal systems appear in the criminal procedure law of our country. The pretrial conference system is a new kind of legal system which accords with the requirements of the modern criminal procedure law and adapts to the current social development. It is produced on the basis of drawing lessons from the foreign criminal pretrial system and inheriting the advantages of domestic criminal procedure. The author thinks that the main task of the conference before the criminal court is to exclude the illegal evidence, if there is any objection to the evidence collected by the defender, it should be put forward. By attending the pre-court meeting, the prosecutor raises different opinions on disputes concerning the application of the law by understanding the facts of the case and the evidentiary materials, resolves questions related to the procedure, and prepares for the subsequent formal court hearing. On the other hand, if the defence objects to the evidence presented by the prosecution, it may apply for the exclusion of illegal evidence, which will not only help to protect the legitimate rights and interests of the accused, but also avoid illegal evidence from entering the trial, thus delaying the time of the proceedings. It reduces the efficiency of litigation. Based on the analysis and explanation of the current situation of the exclusion of illegal evidence from the pretrial conference in China, the author points out that there are some deficiencies in the exclusion of illegal evidence in the pretrial conference of our country, and the reference to the foreign pretrial procedure is also relatively awkward. In view of this situation in the pretrial conference and illegal evidence issues how to reform, the author put forward some ideas. This article is divided into the introduction and the text from the structure. In the introduction part, the author expounds the necessity and research background of writing this paper. The text is divided into five parts: the first part mainly explains the two concepts of pretrial meeting and illegal evidence exclusion and introduces the operation procedure of illegal evidence exclusion in pre-trial meeting. The second part analyzes the current situation of the exclusion of illegal evidence in China's pretrial conference, points out the shortcomings and shortcomings of this system, and points out the difficulties and difficulties faced by the future reform. The third part makes a comparative study on the pretrial procedure of various countries. The fourth part further expounds the legal basis and value function of the exclusion of illegal evidence. The fifth part is the focus of this paper, aiming at the exclusion of illegal evidence in the pretrial meeting, the author puts forward some system exploration.
【学位授予单位】：兰州大学
【学位级别】：硕士
【学位授予年份】：2015
【分类号】：D925.2
【参考文献】
相关期刊论文 前2条
1 吴丹红;;非法证据排除规则的实证研究——以法院处理刑讯逼供辩护为例[J];现代法学;2006年05期
2 汪建成,杨雄;比较法视野下的刑事庭前审查程序之改造[J];中国刑事法杂志;2002年06期
相关硕士学位论文 前2条
1 赵娜;我国非法证据排除规则适用程序研究[D];吉林大学;2013年
2 王莹莹;论庭前会议制度[D];四川省社会科学院;2014年
，本文编号：2184186
本文链接：https://www.wllwen.com/falvlunwen/susongfa/2184186.html
