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Construction Of The Exclusionary Rule Of Illegal Evidence And Its Exceptions In China

Posted on:2011-11-19Degree:MasterType:Thesis
Country:ChinaCandidate:X Y TangFull Text:PDF
GTID:2166360305481257Subject:Law
Abstract/Summary:PDF Full Text Request
Illegal evidence exclusion rules derived from the United States, followed by the rule of law with regard to protection of human rights concerns, and will gradually be adopted by all countries, and the gradual setting up the conditions compatible with the rule of excluding illegally obtained evidence. While countries of illegal evidence exclusion rule manifestations vary widely, but virtually all of the illegal evidence to measure the intrinsic value, the choice made, so countries also appeared in varying degrees of evidence to be admissible against illegal exception. China's laws on illegal evidence exclusion rules in relation to this, but the country's legislation is too rough, and the lack of operability, it is necessary to improve China's legislature to build this rule. How to build our country's rule of excluding illegally obtained evidence, and how to establish a letter of illegal harvesting of evidence standard, which many Chinese academics have written about the value of this illegal evidence from the start with a comparative analysis of the rules excluding illegally obtained evidence in developed countries, combined with China's Legislation and judicial practice, as well as academics, the proposed building in our country of illegal evidence exclusion rule and its exceptions to the idea. In addition to full introduction, conclusion, the total is divided into four parts:The first part is an overview on the rule of excluding illegally obtained evidence. First explicitly discussed in this illegal evidence, on illegal evidence and other legal evidence does not distinguish between the two there is a clear difference between many of these differences determine the countries in the legislative and the judiciary, in regard to these two different attitude of the evidence, The illegal evidence based on its special status and value, so with the study of meaning. Then clear the illegal evidence exclusion of illegal evidence and rules of definition, to distinguish between the types of illegal evidence and analysis, by describing the representation of countries in different types of illegal evidence handling difference in attitude, to show that not all need to be illegal evidence excluded, that is illegal with the rules of evidence in practice the limits.The second part of the illegal evidence in criminal proceedings in the value analysis. On the last part of this section set forth in the representation of countries in the treatment of illegal exclusion of evidence of differences in scope to carry out analysis to a different attitude discussed the values embodied in the pursuit of that right to exclude illegally obtained evidence is embodied in the freedom order and procedural justice, the value of the pursuit of these three areas, while the illegal evidence will be admissible is reflected in real justice, fairness and efficiency of the value of the pursuit of these three areas. States to exclude illegally obtained evidence in fact the rules are a manifestation of this in order to maximize the value of 6, but they will exist between the value of certain conflicts, it would need to measure the value as a way to create national rules to exclude illegally obtained evidence.The third part is about the illegal evidence exclusion rule and its exceptions in national study of comparative law. This paper selected as the civil law of Germany and Japan, the representative of the United States and the United Kingdom as a representative of Anglo-American legal system so as to exclude illegally obtained evidence of States have established rules and exceptions to the rules of comparison, discusses the advantages and disadvantages of various models. Based on the United States to exclude illegally obtained evidence with all countries there are greater differences, this paper conducted a detailed analysis of the United States introduced a variety of exceptions to the Exclusionary Rule in order to be beneficial to China's legislation.The fourth part is on improving our national legislation, to build the idea of illegal evidence exclusion rules. While China's existing legislation on illegal evidence in relation to this, but the laws are too rough, and the lack of appropriate procedural requirements, making illegal evidence exclusion rule is not operational. Therefore, the need to refer to other countries to carry out perfect, this tended to refer to Japan's legislation, combined with the judicial practice of the United Kingdom and the United States. The first part of the paper is based on the classification done by the illegal evidence, put forward a variety of legislative proposals, in general is to establish the citizen's right to remain silent, the evidence of illegal words automatically be ruled out, while other types of illegally obtained evidence by the judge based on the law, the exercise of discretion to determine the trade-offs. Meanwhile, in view of China's judicial practice in the existence of the illegal acts of proliferation of evidence, this article suggests the creation of a full staff for the detection of disciplinary system, not just by excluding illegally obtained evidence to deter the illegal taking of evidence investigators behavior. Finally, this article suggests in the judicial process, establish the necessary monitoring mechanisms investigation procedure by the court on the investigating authorities, supervisory review of the investigation process; and illegal evidence to establish the review process by the court in accordance with the application of the prosecution evidence, or on its own review of the legality, for the prosecution can not prove, through legitimate means, the evidence will be deemed illegal evidence, and then based on the corresponding rule of excluding illegally obtained evidence and the exceptions to be handled accordingly.
Keywords/Search Tags:Illegal Evidence, The exclusionary rules, value
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