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A Study On The Correction System Of Criminal Defects Evidence

Posted on:2015-08-22Degree:MasterType:Thesis
Country:ChinaCandidate:D P WangFull Text:PDF
GTID:2176330422981156Subject:Law
Abstract/Summary:PDF Full Text Request
Because of the flaws manifested on evidence in the terms of specificity, making itfree between lawful and unlawful.In the specific application of juridical practice,because of no clear legislative rules, leading it always be in an awkward position.Withimplementation of the relevant judicial interpretations in2010and Criminal ProcedureLaw "changes enacted in2012, corrections on the flaws of the evidence system aregradually established.Because of considering the investment and ultimately "cost" oflawsuit, legislators finally grant a chance to correct defects on evidence.Thus, not onlythe defects of the the exclusionary rules can be made up, but also helps to find the truthof the cases,making it important to be strict with the forensic behavior in criminaljuridical practice.After the corrections to be perfected on the flaws of the evidencesystem, the impact of defects on the evidence can be made up, and therefore it hasearned the credibility, no longer in the situation of absence of probative force.But theunlawful identity on the flaws of evidence has not changed, making it still in the illegalposition. Credibility of the flaws of evidence can be changed, but never in anysituations will unlawful characteristics inherent would be removed.So when it makes agreat difference, maintaining non-standard evidence for negative behavior.But before wegive reasonable compensation limit to the defective evidence,it may lead to theinevitable worry about the overhead of illegal evidence exclusion rules, which providean operation to correct the body.It is necessary to make corrections of the duration andfrequency of the system supplemented by the corresponding registration in order toregulate effectively.To build a relatively complete system of defect correction evidence,we need to make a schedule of the correction procedure of the defect of the evidence,correction methods, standards and compensation limits and other cures to give a detaileddesign of the system.
Keywords/Search Tags:defective evidence, illegal evidence exclusion, compensation rules, curestandard
PDF Full Text Request
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