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The Study On Criminal Exclusionary Rule Of Illegally Obtained Eviclence

Posted on:2008-05-14Degree:MasterType:Thesis
Country:ChinaCandidate:J ChouFull Text:PDF
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Criminal trial should be carried on around with the evidence presented by the prosecutor, and the judgment must be produced based on the related documentation. This importance of evidence decides that judiciary may use different means to receive documentation. In this course, the question of illegal evidence can appear easily. As to criminal proceeding , it is a field of public power convergence, so the collision of public power with private rights is the most obvious. Because modern criminal proceeding undertakes double-mission: striking crime and ensuring human rights, the scope of public power must be refrained by due process. As the complexity and different character of evidence, we can't eliminate all flawed documentation indifferently. To deal with the problem, different countries enact its own specification based on its condition. Since the concept of respecting human rights developing deeply in our country, we should perfectify our own criminal elimination norm of illegal evidence to get with the development of economy and society.
Keywords/Search Tags:Illegally obtained evidence, Confession, real evidence Exclusionary rule
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