The pre-trial investigation rule authorizes the defendant to request the court to ex-clude illegal evidence and protect basic rights before or during the trial.When the defendant files a motion to exclude confessions,witness testimony,and victim statements pursuant to Article 56(1)of China's Criminal Procedure Law,the court should investigate the legality of evidence before the tri-al;for the legality of physical evidence and documentary evidence,the court may conduct a collective investigation immediately or before concluding the investigation process.The pre-trial investigation rule also applies to important procedural matters such as avoidance,authentication,and the voluntar-iness of confession of guilt and punishment.Based on the values and goals of protecting the basic rights and achieving a fair trial,China should gradually promote the diversification,typification,and systematic construction of the pre-trial investigation rule.Under the structure of"collective investi-gation",the trial within trial still holds significant meaning,that is,being capable of shaping the consciousness and guiding the behavior of actors.The normative changes of the pre-trial investigation rule indicate that the reform of criminal justice requires a structural perspective that links pre-trial and trial stages,first-instance and appellate review,requires high-quality comparative studies to provide legislators with reference,and more importantly,requires a collaborative effort from the di-mensions of substance,procedure,and subject to ensure the healthy operation of the system.
Pre-trial Investigation RuleCollective InvestigationExclusionary Rules of Ille-gal EvidenceTrial Within Trial
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