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On The Effectiveness Of Criminal Illegal Evidence

Posted on:2010-07-03Degree:MasterType:Thesis
Country:ChinaCandidate:B X LuFull Text:PDF
GTID:2166360275459096Subject:Law
Abstract/Summary:PDF Full Text Request
At present,the choice for the illegal evidence brings about irreconcilable contradictions between the application of the law and the spirit of the law to prohibit illegal.In practice,evidence of lawful is not necessarily true;the illegal evidence may not necessarily be forged,for example,use the threats,and the temptation to obtain a Statement is not necessarily completely false statement,which only increases the possibility of false.Criminal illegal evidence,because of its illegal factors,cann't be accepted by the modern legal system:First,the acts of illegal collecting evidence are in violation of our constitution;Second,the direct cause of miscarriage is that the illegal evidence has the effectiveness of evidence;Third,the acts of obtaining illegal evidence cann't be prohibited,the main factors are the illegal evidence has the effectiveness of evidence.The harmful of the illegal evidence is obvious,but,if we completely rule out the illegal evidence may liable cause the following questions:First,crime will be indulged;The second is that will cause the existence of a large number of pending cases;Third,it is contrary to the pursuit of efficient legal proceedings.Therefore,how to see the effectiveness of evidence is worth to research.This article will use a method of comparative study to explore the effectiveness of evidence,and to explore the possibility of China's application of the illegal evidence,so bring forward the limit and the scope of the application of the illegal evidence.
Keywords/Search Tags:the illegal evidence, rule out the evidence, the effectiveness of evidence
PDF Full Text Request
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