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On Eliminating Rules Of The Illegal Evidence

Posted on:2011-07-29Degree:MasterType:Thesis
Country:ChinaCandidate:R X TianFull Text:PDF
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Illegal evidence exclusionary Rule is a fundamental principle of criminal is not only a guarantee of achieving Judicial justice, but also reflects the relationship between the lawsuits value of physical justice and procedural justice in essence. This system is one of the hot issues in criminal theorists recently, in practice has received the judiciary concern. In essence it embodies the conflict and coordination of criminal ideas between fight against crime and the protection of human rights. The illegal evidence exclusion rules have been established in many western countries, but in China due to the traditional legal culture, criminal proceedings values and many other criminal factors, illegal evidence exclusion is still at an early stage, and theorists and practitioners disagree about the existence and specific procedures of the exclusionary rule. This paper compares legislation and practice of the United States, Britain, Germany and other countries and put forward some ideas about exclusionary rule combined with the actual situation in China based on the analyzing the exclusionary rule's connotation and extension.This paper is divided into four parts:In the first part, explained the meaning of evidence,illegally obtained evidence and illegal evidence exclusion rules and the scope and exceptions of illegal evidence exclusion rule applies to etc, set the necessary stage and introduced for the full understanding and knowledge of the illegal evidence exclusion rules.In the second part illegal evidence exclusion rules are compared from a non-arbitrary, illegal search and seizure of evidence obtained by the other three aspects of illegally obtained evidence, combined with the legislation and practice conditions of United States, Britain and Germany and so on.In the third part, assess the intrinsic value and extrinsic value of illegal evidence exclusion rules from controversy over whether the existence of illegal evidence exclusion rule of scholars around the world, and the existence of illegal evidence exclusion rule has its positive and negative effects.The criticism more come from the intuitive point of view and the specific aspects of discourse, and the supporting view was more from a macro point of view for consideration. I believe that illegal evidence exclusion rules has an irreplaceable role to limit public power, protect human rights, promote the discovery of the true merits of the case, to maintain credibility of the criminal procedure.In the fourth part, the extent of illegal evidence exclusion was defined combining China's specific national conditions from China's current rules on illegal evidence exclusion status of the theory and practice status. In the specific operational procedures the author puts forward relevant views about the main body proposed, time and the allocation of responsibilities to prove the legality of the evidence, established system the presence of counsel when questioned, investigators testified system and discovery system of supporting evidence to improve the illegal evidence exclusion rule.We can conclude that the illegal evidence exclusion rule is a very important criminal evidence system from the above discussion in several ways.It is the symbol of modern judicial civilization, at the sanme time it is the neccasary choice of the modern criminal system objective to protect human rights and maintain judicial justice.At the moment to build illegal evidence exclusion rules in our country there are still obstacles in system and conceptual. We not only need further exploration at the theoretical level but also need gradually improved in the legislation technology.
Keywords/Search Tags:the Exclusionary Rule of Illegally Obtained Evidence, Human Rights Protection, Judicial Justice, Procedure Value
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