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The Research On Identification Standard Of Civil Illegal Evidence

Posted on:2007-11-17Degree:MasterType:Thesis
Country:ChinaCandidate:R G LiFull Text:PDF
GTID:2166360185451108Subject:Law
Abstract/Summary:PDF Full Text Request
The identification standard of illegal evidence is an extremely essential subject in the evidence research area. Though the exclusionary rule is a system that represents the time progress and lawsuit civilization, If the identification standard of illegal evidence itself is unreasonable, the exclusionary rule not only cannot display its should have, moreover can bring more tremendous negative influence. The identification standard of civil illegal evidence in our country present existence some flaws such as the scope is broad, the operational is bad. Therefore, how consummates or resets clear and reasonable identification standard of civil illegal evidence has become the key point in the academic circles studies. This article make the identification standard of civil illegal evidence as the topic, the goal is hope through research and discuss about the identification standard of civil illegal evidence and the correlation theory, to solution some crucial theory questions which puzzled civil illegal evidence research area much. And in this foundation proposed a set of clear and reasonable, strongly operational identification standards of civil illegal evidence. This article through inspection, analysis and research of correlations question, draws the following conclusion: 1 , Says from the principled angle, the basic aim of establish the exclusionary rule, is to safeguard citizen's basic human rights avoid the Infringement by the illegal evidence collection behavior. In the criminal prosecution and thecivil action must be in the same. The identification standard of civil illegal evidence should formulate by itself character, must define it in the significant illegal scopes. To Judge whether it constitutes the significant illegal on the identification standard of civil illegal evidence, should judge the collect evidence behavior whether seriously encroaches upon the citizen basic human rights or not. If it encroaches upon the evidence collection behavior which the citizen basic human rights has nothing to do with, in principle does not punishment by the exclusionary rule. 2> Says from the concrete identification standard aspect: (1) Use following ways collect to evidence, such as illegally limit person's freedom, illegally research and illegally detain and so on, belongs to seriously encroaches upon citizen's basic human rights. Regarding the evidence that obtains by kinds of infringes way, should definitely excluded as evidence, the judge does not have the right to freely decide. (2) The right of privacy belongs to one of citizen's basic human rights. Regard to photographs and records make illegally, if this behavior has seriously encroached upon citizen's right of privacy, then the evidence obtained must belong to the illegal evidence. Regard to slight infringe the right of privacy by the behavior in evidence collection process, does not exclude its evidence qualifications. Whether the evidence collection behavior has encroached seriously upon citizen's right of privacy, must judged according to the special details and the synthesis judgment. Generallyspeaking, hide in other people's bedroom illegally and other private rooms to install absorbs records equipment to carry on photographs and records, may directly recognized as seriously encroach upon citizen's right of privacy. (3) Regarding take above illegal evidence as the clue that obtains through the legitimate method (fruit of the poisonous tree), in principle also recognize for the illegal evidence. To recognizing the fruit's of poisonous tree, mainly should utilize freely decides after deliberation by judge. According to above conclusion, this article proposed a set of clear and reasonable, strongly operational identification standard of civil illegal evidence. This standard can effectively safeguard citizen's basic human rights to free from the illegal evidence collection behavior infringement, but does not creates the substantive barrier to the normal evidence collection behavior.
Keywords/Search Tags:illegal evidence, identification standard
PDF Full Text Request
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