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On The Exclusionary Rule Of Illegal Evidence In China 's New Criminal Procedure Law

Posted on:2014-05-05Degree:MasterType:Thesis
Country:ChinaCandidate:F YuanFull Text:PDF
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The fifth session of the11th National People’s Congress passed on amending the criminal procedure law decision on March14,2012. This is our country criminal procedure law overhaul again since1996. The method based on the situation of our country, the main line is in order to respect and safeguard human rights. It is an important supplement to the current criminal procedure law system and perfect it. Among them, the concept of the establishment of illegal evidence exclusion rules for human rights in the criminal procedure law to carry out has a pivotal role. Illegal evidence elimination rule is one of the criminal litigation rules of evidence, to prevent the abuse of public power, to achieve fairness and justice of law has its unique charm, the balance and coordination of criminal procedural law "punishment of crime" and "protecting human rights" two major value goal. New "criminal procedural law" in the provisions explicitly stipulated the scope of the illegal evidence exclusion principle and start the procedure and requirements, has obvious improvement than the old method. But the author thinks that according to the provisions of the provisions in the legislation practice still has some problems. So this article first introduces the concept of the illegal evidence elimination rule, expounded the theoretical basis of its existence and value, and then through the illegal evidence exclusion of program analysis, found the new "criminal procedural law" stipulation of the illegal evidence exclusion of several existing problems, and put forward corresponding feasible Suggestions, and finally talk about the illegal evidence exclusion of related supporting system construction, in order to promote further perfecting rules of excluding illegal evidence in our country.
Keywords/Search Tags:Illegal evidence, torture, protection of human rights
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