Font Size: a A A

Theory And Practice Of The Exclusionary Rule Of Illegally Obtained Evidence

Posted on:2006-02-16Degree:MasterType:Thesis
Country:ChinaCandidate:Z S ChenFull Text:PDF
GTID:2166360155955045Subject:Marxist theory and ideological and political education
Abstract/Summary:PDF Full Text Request
To establish the exclusionary rule of the illegally obtained evidence is not only the inevitable trend of recognizing the rule of criminal procedure and the harm of obtaining evidence illegally, but also the necessary request of the civilization, democracy and development. Therefore, the exclusionary rule of illegally obtained evidence stipulates in many countries' criminal procedure. As one of the most important contents in criminal justice, the exclusionary rule of illegally obtained evidence commonly concerns about the main thoughts and values of the special period. Through reviewing many countries' law, we easily find that every country's criminal procedure aims at both the reality to punish the crime and the process to protect the human rights. Based on the above, each makes his own choice about the exclusionary rule of the illegally obtained evidence differently. However, the establishment and fine running of a legal rule is affected by many facts of the special period of the country, such as policy, economy, culture, judicial system and citizen's legal consciousness, etc. Without matching ideas and systems, the prosperous values and functions of the exclusionary rule of the illegally obtained evidence are hard to realize, which will be gone out of form in judicial practice. Protecting human rights is written in constitution in 2004 and to reamend the criminal procedure has become the legislative layout of National People's Congress, all of those give the historical chance to establish the exclusionary rule of the illegally obtained evidence in China. At the moment, the practice of the exclusionary rule of the illegally obtained evidence in China should be divided into"three stages" (investigation, prosecution, trial), and asked for"two departments" (the people's procuratorate, the people's court). In the reamending criminal procedure, we should try our best to perfect the exclusionary rule of the illegally obtained evidence. Meanwhile, we should regulate an opening clause, which is entitled to the Supreme Court to perfect the rule through case.
Keywords/Search Tags:the exclusionary rule of the illegally obtained evidence, comparative analysis, to make one's choice, to construct
PDF Full Text Request
Related items