反思与重构_论我国预断排除规则的构建.pdf

22 11 Vol . 22, N o. 11 2 0 0 4 1 1 H ebei L aw S cience N ov . , 2 0 0 4 : 唐 磊, 吴常青, 谢小剑 ( , 610064) : , , , , , , : ; ; ; : DF73 : A : 2004) Ref lection and Reformation: on the Establishment of the Rul e of Prejudice Exclusion in China TANG Lei, WU Chang ing, XIE Xiaojian ( Law School, Sichuan University, Chengdu 610064 China ) Ab st ract: The rule of prejudice exclusion is an important rule in procedural system to safeguard just adjudication. In order to elim inate many factors w hich leads to the prejudice of judges, in criminal procedural system in China, it is necessary to car ry out exclusiveness of the bill of prosecution, establish the system of separating pretrial judges and hearing judges, reg ulate the challenge system and the making of indictment, postpone the time to investigate the selfconfession of the de fendant, establish the rule of admissibility of evidence, and restrain judge from investigating out of court. Key words: prejudice exclusion; reflection; establishment; exclusiveness of the bill of prosecution , , [ 2] , , , , , , , , , , , , Lev , ent hal , : , , ,