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The Study Of Exclusionary Rules

Posted on:2003-05-26Degree:MasterType:Thesis
Country:ChinaCandidate:M ChenFull Text:PDF
GTID:2156360092960122Subject:Law
Abstract/Summary:PDF Full Text Request
Exclusionary rule of illegally obtained evidence is one of the most disputed evidence rules in the domain of criminal evidence. Because it embodies the conflicts and concerts of the two aims of value of punishing crimes and protecting human rights. Whether to comply with the traditional aim of punishing crimes or to raise high the modern flag of protecting human rights is a difficult problem ever perplexing the theory and the practice of criminal action of every country. There are discrepancies and disputes about if we should establish exclusionary rule of illegally obtained evidence in the theoretic circle of criminal action of our country while the exclusion of illegal evidence in legislation is also blink. The article tries to establish the exclusionary rule of illegally obtained evidence of our country, integrating the current situation of the legislation of our country and national situation, through the analysis of the theoretic, bases on which exclusionary rule of illegally obtained evidence produces and of the theoretic inspection and use for reference of foreign exclusionary rule of illegally obtained evidence, in order to achieve to improve legislation and to normalize judicial practice.The article is divided into five chapters. Chapter one is the survey of exclusionary rule of illegally obtained evidence, involving the conception, the features, the division, the produce and the course of development of exclusionary rule of illegally obtained evidence. Chapter two demonstrates and studies the theoretic bases on whichexclusionary rule of illegally obtained evidence produces. Chapter three states and evaluates the theories of foreign exclusionary rule of illegally obtained evidence and inspects emphatically the legislation and the judicial practice of America, England, Germany and Japan. Chapter four inspects states and evaluates the legislation and the theoretic situation of the problem of exclusionary rule of illegally obtained evidence in our country. The fifth chapter is the central part of the article. After elaborating the necessity of the establishment of exclusionary rule of illegally obtained evidence in our country, it puts forward the idea of the establishment of exclusionary rule of illegally obtained evidence in our countrv.
Keywords/Search Tags:illegal evidence, exclusionary rules, theoretic bases, plan
PDF Full Text Request
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