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On The Procedure Of Exclusion Of Illegally Obtained Evidence In Chinese Criminal Procedure

Posted on:2012-07-03Degree:MasterType:Thesis
Country:ChinaCandidate:X LiFull Text:PDF
GTID:2166330335957493Subject:Law of evidence
Abstract/Summary:PDF Full Text Request
Evidence law focuses on the admissibility of evidence, while the justification, reflected by procedural law, is the core meaning of procedural law per se. The procedure of exclusion of illegal obtained evidence plays two roles: examine the admissibility of questioned evidence and correct the illegal actions, by which the detectives get the evidence. The procedure of exclusion of illegal obtained evidence is also called"case in case". The exclusion procedures, including the suppression hearing under Anglo-American Legal System and the corresponding procedures under Continental Legal System, is independent from the trial of fact, so that the procedural can avoid from being affected by the fact and the fact-finder's free evaluation can be limited by evidence. Chapter one introduce the exclusion procedures in America, UK, France and German in details.In chapter two, the author analyzes the newly established exclusion procedures from the following perspectives respectively: the adjudicatory body, the object of proof, the burden of proof and the criterion of the proof.In chapter three, according to the analysis above, the author infers the challenges the exclusion procedures will confront from three aspects: the application and the remedy of exclusion procedures, the investigator witnesses.
Keywords/Search Tags:Evidence Law, Procedural Law, the Independence of Procedure
PDF Full Text Request
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