Font Size: a A A

A Study On The Exclusionary Rules Of Criminal Illegal Evidence In China

Posted on:2015-06-19Degree:MasterType:Thesis
Country:ChinaCandidate:X M ZengFull Text:PDF
GTID:2176330422981129Subject:Law
Abstract/Summary:PDF Full Text Request
With the judicial democratization, the civilized development, the effective of theillegal evidence exclusion rules of criminal lawsuit system is not only the construction ofscience, democracy of the key, but also to measure a country an important symbol ofdemocratic rule of law, the judicial civilization, to guarantee basic human rights, to adaptto the needs of the democratic rule of law and the procedural justice and curb torture andother illegal evidence collection behavior vital role. Although our country throughcriminal case concerning the provisions on some issues of excluding illegal evidence andthe amendment to the criminal procedure law gradually established the illegal evidenceexclusion rule in the criminal procedure law in our country, but because of the illegalevidence exclusion rule in our country is still in its infancy, which determines itsinevitable there are many especial.This article starts with the basic theory of the illegal evidence elimination rule, usingthe value analysis, comparative research method, outside of historical evolution andcharacteristics of illegal evidence exclusion on the basis of the study, this paper thecharacteristics of the illegal evidence elimination rule and the present situation in ourcountry, and put forward further some thought to improve the structure of the illegalevidence elimination rule China.This paper is divided into four chapters:The first chapter expounds the basic theory of the illegal evidence exclusion rule, todiscuss how to perfect the rules of excluding illegal evidence in our country to lay thetheoretical foundation.The second chapter illegal words evidence from excluding illegal evidences, ruled out,"the fruit of the poisonous tree" three aspects, the processing of contrapose to the rules ofthe system were compared, as the perfect our country’s illegal evidence exclusion rulesprovide the reference. The third chapter uses the method of theory with practice, starting from the current lawand the provisions of the relevant judicial interpretations, explore the rules of excludingillegal evidence in our country deficiency in legislation and judicial practice.The fourth chapter in view of the problem of illegal evidence exclusion rule in ourcountry put forward to perfect idea, advocated from the two aspects of perfectinglegislation and strengthen the institutional guarantee, make the rules more specificationapplies to the judicial practice of China, and be able to play in the process of constructingsocialist society under the rule of law in our country more and more important role.
Keywords/Search Tags:Illegal evidence, Illegal evidence exclusion, Protecting human rights, Topunish crime
PDF Full Text Request
Related items