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In Our Country Establishes Criminal Prosecution Exclusionary Rule Of The Unlawfully Obtained Evidence Conception

Posted on:2008-11-26Degree:MasterType:Thesis
Country:ChinaCandidate:Y B ZhangFull Text:PDF
GTID:2166360242957189Subject:Law
Abstract/Summary:PDF Full Text Request
Exclusionary rule of the unlawfully obtained evidence question in recent years was our country Law of Criminal Procedure theorists discussion hot topic. Exclusionary rule of the unlawfully obtained evidence usually is refers to the criminal prosecution to move violates the evidence which legal the related stipulation gains not to have to give to take determines guilt or the discretion, of punishment basis rule, namely only if the law has the stipulation in addition, the law enforcement does not have to accept the unlawfully obtained evidence, takes it as the verdict the basis. This rule produces in the beginning of the 20th century in US, and obtains the development and the consummation in the judicial practice, the American exclusionary rule idea influence, in the world many countries one after another has been also established in view of the unlawfully obtained evidence question respective legislation or the judicial rule, the United Nations had also stipulated in "Prohibition Torture Joint pledge" removes the content about the unlawfully obtained evidence. Exclusionary rule of the unlawfully obtained evidence has become one of various countries general criminal prosecution lottery ticket rules.In our country, because of the traditional ideas and the existing judicial system influence and the restriction, since long ago, the procedure fair independent value and the special significance in our country theorists and the judicial practical realm, arouse the enough interest by no means. Corresponds with it, took the procedure fair should have righteousness criminal unlawfully obtained evidence exclusionary rule to be congenitally deficient naturally. Our country "Law of Criminal Procedure" explicitly has not stipulated exclusionary rule of the unlawfully obtained evidence, but already initially confirmed exclusionary rule of the unlawfully obtained evidence embryonic form in the Supreme People's Court's judicial interpretation, but because our country lacks the comprehensive research to exclusionary rule of the unlawfully obtained evidence, also has not set up correspondingly about exclusionary rule of the unlawfully obtained evidence operation sequence, therefore in the judicial practice, does not have to implement exclusionary rule of the unlawfully obtained evidence truly basically the example.In recent years, along with human rights idea gradually sink deep into the hearts of the people, judicature organizational reform thorough, in order to protect accused person's lawful right practically, consummates our country's criminal prosecution system, our country should profit from and refer to America, England, Germany and so on the country beneficial procedures, unifies our country's concrete national condition, constructs the integrity exclusionary rule of the unlawfully obtained evidence, the regulations unlawfully obtained evidence removes the provision in the Law of Criminal Procedure, to the unlawfully obtained expression, the material object, the derivation evidence, the unlawfully obtained monitor, the detection trap evidence and so on gives to remove legally.This article uses the method of comparison, inspected the world other countries about exclusionary rule of the unlawfully obtained evidence situation, has analyzed our country actual situation, proposed the corresponding countermeasure and the tentative plan. The article subject divides into four parts, first part of limits unlawfully obtained evidence exclusionary rule meaning and so on basic concept; The second part inspected national and so on America, England, Germany, date unlawfully obtained evidence exclusionary systems, and obtains some to have the reference significance conclusion to our country; The third part has discussed our country now the unlawfully obtained evidence exclusionary system research present situation and the judicial practice present situation, appealed our country should establish suits our country national condition exclusionary rule of the unlawfully obtained evidence; The fourth part analyzed has established the question in our country which exclusionary rule of the unlawfully obtained evidence significance as well as should pay attention; The fifth part from exclusionary rule of the unlawfully obtained evidence scope, including the unlawfully obtained expression evidence, the unlawfully obtained evidence in kind, the unlawfully obtained interception, the enticement detection and so on several aspects begins, constructed exclusionary rule of the unlawfully obtained evidence for our country to propose the institutional tentative plan.
Keywords/Search Tags:Unlawfully obtained evidence, Unlawfully obtained evidence exclusionary rule, Law of Criminal Procedure
PDF Full Text Request
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