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On The Exclusionary Rule Of Illegal Evidence

Posted on:2010-11-08Degree:MasterType:Thesis
Country:ChinaCandidate:Y C JiaFull Text:PDF
GTID:2166360278967509Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
Exclusionary Rule of illegal Evidence is a rule of evidence that standardizes the qualification of evidence, whose central question is to define its effect. Because of its own value of lawsuit and unique role in criminal suit, the rule is adopted by most of the countries, and turns into a criminal judicial standard of the U.N. Seeing from the emergence and evolution of the rule, it isn't absolute or constant. This article removes the rule in the comparative external analysis illegal evidence in our country legislation present situation, the law enforcement present situation and in the fundamental research present situation foundation, Compared with British and American legal system country and mainland legal system country in legislation and judicial theoretically different procedure. Links to our country reality, from the angle, the judicial practice request aspect which rules a nation legally elaborated establishes the illegal evidence in our country to remove the rule the necessity, and how on constructed our country the illegal evidence to remove the rule to propose certain conception.
Keywords/Search Tags:the illegal evidence, exclusionary rule, establishing
PDF Full Text Request
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