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On Illegal Evidence Exclusion Rules Of Civil Procedure

Posted on:2011-11-07Degree:MasterType:Thesis
Country:ChinaCandidate:M W HeFull Text:PDF
GTID:2166360305481483Subject:Law
Abstract/Summary:PDF Full Text Request
Illegal evidence exclusion rule has been a century of history from the date of birth, which dated from the United States at the beginning of the last century. At present, many countries and regions has adopted illegal evidence exclusion rules, which also attracts increased attention of the jurisprudential circle.many countries and regions to adopt an illegal evidence exclusion rules of jurisprudence is also increased attention to this issue. The rule was firstly applied in the field of criminal procedure, which was originally intended to protect individual rights and freedoms of citizens and prevent infringement from the police criminal investigation power, and later it expands from the field of criminal procedure to the field of civil procedure. Illegal evidence exclusion rule dates from the legitimacy features of evidence, which highlights the legitimacy of the means to obtain evidence and excludes the evidence material from the legal proceedings that the actor collects in the means of violating others'legal rights and interests. The rule is with a universal significance in the modern legal system. The rule plays an important role for the balance of civil litigation value as well as protection of human rights. So far, China has no legislation to make its requirements clear and although the rule has been covered in judicial practice, there are still some defects and deficiencies to be improved. It is even worse that yet China has no a uniform law of evidence; and generally there is no systemic evidence adopted rules, which provides a broad space for the research and design of the theory of illegal evidence. It is of of great significance to do research on this subject for the establishment and improvement of China's rule of excluding illegally obtained evidence.This paper is divided into three parts:The first part explains these concepts related to the rule of excluding illegally obtained evidence, mainly on the "illegal evidence" and the "illegal evidence exclusion rule", in order to achieve its grasp of the basic concepts and theories and lay the foundation for the next two parts. The second part focuses on the values that are embodied in the illegal evidence exclusion rules ,which includes the protection of civil rights,maintenance of procedural justice,promotion of law and so on. Through a better understanding of the rules'value, the practical significance of studying the rule is also highlighted. The third part is the focus of this section. Firstly, " Permission " and " Stipulation" is understood and commented, and then on this basis some improving proposals for China's excluding illegally obtained evidence rule are put forward, which includes establishment of relevant institutions,rules applicable to system establishment and improvement of related measures. This paper attempts to make a useful exploration of the establishment and perfection of China's illegal evidence exclusion rule with the inspection of the relevant information and method of exploring theory, meanwhile with a profound understanding of the illegal evidence exclusion rule.
Keywords/Search Tags:Legitimacy, Illegal Evidence, Exclusion Rule
PDF Full Text Request
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