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Procedural Controlling Mechanism Of The Exclusionary Rule Of Illegally Obtained Evidence

Posted on:2008-01-24Degree:MasterType:Thesis
Country:ChinaCandidate:N ZhangFull Text:PDF
GTID:2166360242477602Subject:Law
Abstract/Summary:PDF Full Text Request
The problem of adopting or excluding illegally obtained evidence has always been focus of disputes in criminal procedure law fields. Now,there is no integrated exclusionary rule of illegally obtained evidence in our country. The principles referring to the illegally obtained evidence and its exclusion which is rough and no-system are recorded scrappily in some related judicial explanation and local legislation ,which brings different point of views about how to recognize and eliminate the illegally obtained evidence during the judicial practice .This article plainly analyzes how to further improve the exclusionary rule of illegally obtained evidence. It hackles the legislation referring to the exclusionary rule and analyze the implementing situation . The writer probes into improving the procedural flame of the exclusionary rule of illegally obtained evidence by absorbing the western experiences of legislation and judicial practice. The writer also conceive some conception about configuration of the illegally obtained evidence,exclusionary procedure etc.
Keywords/Search Tags:Illegally Obtained Evidence, Exclusionary Rule, Procedural Controlling Mechanism
PDF Full Text Request
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