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es in practice lead to the exclusion rule in name only and a mere formality.

Under the current procedural referee , the court even to rule on questions of procedure . Made a conclusion , it almost does not make a specific ruling thereon or judgment . For example, for the defense to the court for the exclusion of illegal evidence in judicial practice, the more common situation is that the court 's decision in this regard verbal , of course, the overwhelming majority rejected the defense request "decision ." But in China's current judicial system , the prosecution and the defense only for first instance court's "judgment" and " determination " to lodge a protest or appeal. And his " decision" is not raised any objections to the opportunity to declare valid . Result , the court of first instance ruled illegal evidence and other procedural issues rulings in most occasions are circumvented appellate review . Meanwhile, the proposed exclusion of illegal evidence and other procedural rights for defendants who have lost the opportunity for further judicial relief .


Above we focused on Criminal Procedure of the " Practice" status quo analysis of China's Criminal Procedure verdict defects . In response to these shortcomings, we should mainly from the following aspects in order to improve our Criminal Procedural referee mechanisms :

expand the scope of procedural referee , the sole jurisdiction of the court to establish the dominant position
Including criminal courts should be established in the pre-trial proceedings , including the entire criminal proceedings procedural jurisdiction dominant position . That the Court 's procedural referee extended to the pre-trial stage of the investigation , prosecution conduct program review of procedural issues , such as extended detention , unlawful obtaining evidence and render a decision , which is actually constructed judicial review of pre-trial stage regime . Of course . In order to prevent a judge on the real problems have prejudged . Should organize a special pre- judge or build systems to engage in such pre-trial proceedings for review. The construction of these systems has yet to judicial reform and institutional reforms further .

to broaden sanctions on procedural violations Fan letter
Sanctions for procedural violations must have sufficient breadth of scope , should be able to cover all acts of violation of the criminal proceedings . Colleagues should increase procedural violation sanctions, and should be based on the degree of violation of procedural provisions different levels of sanctions . For minor procedural violations can be made to correct procedural errors Referee: For serious procedural violations , violations of the human rights situation defendant should be given severe sanctions .

perfect procedural referee starts the program with the referee
As a basic principle , procedural referee must carry out trial without complaint and judicial passivity concept , that is, both parties put forward concerning procedural application as a starting basis. Of course , taking into account China 's judicial philosophy and modes of trial , starting in the procedural aspects of the referee , the judge can take the initiative to start the necessary procedures for this referee .

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