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Construction Of The Exclusionary Rule Of Illegal Evidence In China

Posted on:2012-10-10Degree:MasterType:Thesis
Country:ChinaCandidate:J LiuFull Text:PDF
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The completion of the evidence system is often one of the signs of a sound judicial system. Our judicial system always pays far more attention on substantive justice than due procedures, especially on a lack of procedural legislation including the system of evidence law in the existence of Chinese legal system, which brings about many problems in practice, and springs up many miscarriages of justice caused by illegal evidence, all of that result in adverse social impact. Establishment of the exclusion rules of illegal evidence is a large reform measure in the field of evidence, which means great significance to promote justice and protect the interests of participants in the proceedings. In this paper, it makes the general theory of illegal evidence exclusion system and judicial practice as the starting point, meanwhile, associates aspects of interrelated illegal evidence exclusion system in other countries of the world, in addition, it analysis the main content and significance of newly issued"Regulations on the exclusionary rule in criminal cases". The regulations are different in different countries, but this rule contains some universal values such as human rights, and procedural justice. In China, to establish the rules is not only to comply with the world trend, but also a necessary condition for the construction of a socialist country ruled by law.Addition to the introduction and conclusion, this paper is divided into four parts.The first part introduces the exclusion of illegal evidence and its rules of general theory. That is, the article defines the concept and classification of illegal evidence, and several related concepts of discrimination, in order for the precise definition of the content and extension of illegal evidence. Meanwhile, the context discusses the contents, relevant theory and value of the illegal evidence exclusion rule.The second part is about the inspection on the exclusionary rules in foreign countries, e.g. the United States, the United Kingdom, Germany and Japan. The exclusionary rule originated in the United States. So the introduction about the United States is more detailed. In addition, the contents of illegal evidence exclusion of relevant international conventions have also made a general description.Chapter three discusses the legislative and judicial condition nowadays about the rule from the Constitution, the Procedural Law and the judicial interpretation perspective and focus on the newly published"Regulations on the exclusionary rule in criminal cases", which reflects the improvement and reform of consciousness, concern for the community. What's more, it introduces China's illegal status of implementation of the exclusionary rule by Du Peiwu Case. Status quo in order to achieve that by summing up the problem, then solve the problem.The fourth part studies the establishment of the exclusive rule of unlawfully obtained evidence in China. Given China's judicial reform has been moderate and conservative, taking into account China's national conditions, social traditions and cultural spirit of the other factors, the same time and the focus on human rights protection and procedural justice, the trend of international justice, the author proposes an effective system of exclusionary rule which consists of three paths: refreshment on ideology, improvement on legislation and establishment of relevant systems.
Keywords/Search Tags:illegally obtained evidence, exclusionary rule of illegally obtained evidence, evidence system, construction
PDF Full Text Request
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