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Exclusionary Rule Of Illegally Obtained Evidence In Criminal Cases

Posted on:2007-09-12Degree:MasterType:Thesis
Country:ChinaCandidate:X LiuFull Text:PDF
GTID:2166360212457976Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
TextExcludability of illegally obtained evidence is one of the most attentional hot problem discussed in the legislation of evidence in our country .As an important safeguard mechanism of the human rights, Exclusionary rule of illegally obtained evidence was disputed and applied at large .but, in our country, in the theory field of Exclusionary rule of illegally obtained evidence in criminal cases ,there are so many disputes .Because it is referred to the justness of entity and proceeding, value tropism of controlling crimine and safeguarding the human rights .It is referred to the balance of the conflict of interests between the nation's power and the proceedings criminal's intention .so ,if one nation establishes Exclusionary rule of illegally obtained evidence or not ,it relates to the factor such as the proceedings criminal's intention, the chief value concept, the attaching importance to the people's individual human rights etc. Paying more attention to vestigating and discussing of Exclusionary rule of illegally obtained evidence in criminal cases has important meaning to enriching the theory of evidence and establishing the rule of criminal proceeding.There are 5 parts in the article expect the leading and the epilogue.words in all.Part 1"the connotation and the purport of the Exclusionary rule of illegally obtained evidence". In this part ,I analyzed the definiens of the illegally obtained evidence, and have got the conclusion that the one we're discussing now is in a narrow sense ,it is said as the judicial personal collect the evidence by an unlawful way breaking the legal proceedings .Then ,I explained the meaning of the Exclusionary rule of illegally obtained evidence ordinarily .I emphasized the important meaning of establishing the Exclusionary rule of illegally obtained evidence by analyzing these aspects such as socialism legality building ,safeguards of the human rights ,justness of proceeding ,restraining the illegal probing .etc.Part 2 "practice in Exclusionary rule of illegally obtained evidence overseas." In this part ,I talked mainly about the complexions of the Exclusionary rule of illegally obtained evidence applied in the typical country ,for instance ,the USA, Britain ,Germany and Japan. Part 3: "commenting on legislation of Exclusionary rule of illegally obtained evidence and justice actuality in our country." In this part, I analyzed the justice actuality and the legislation of the Exclusionary rule of illegally obtained evidence, and I have got the conclusion that we haven't established the Exclusionary rule of illegally obtained evidence. Also, I analyzed why, mainly, there are some problems such as the deletion of the legislation, having no integrated legal rules, the illegality of material rules, no maneuverability, and having not establishing corroboration rules, etc.Part4: "the disadvantages in establishing the Exclusionary rule of illegally obtained evidence." In this part, I analyzed the disadvantages in establishing the Exclusionary rule of illegally obtained evidence by reciting the factors of the legal traditional culture, political structure, the concept of the judicial personal.Part 5: "the establishing the Exclusionary rule of illegally obtained evidence." In this part, I gave some material advices of the Exclusionary rule of illegally obtained evidence in the criminal proceeding in our country, we have to establish the Exclusionary rule of illegally obtained evidence which is bound, for example, illegally obtained word evidence must be excluded. Commonly, the physical evidence need not excluded, but expect the one which disobeys the law and impinge upon one's authority seriously, also we should establish the rule of evidence law and proceeding mechanism in order to correspond with this.
Keywords/Search Tags:illegally obtained evidence, Exclusionary rule of illegally obtained evidence, The purport of establishment actuality and analysis construction
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