A Study On The Burden Of Proof Of Illegal Evidence

Accompanied by the occurrence of a series of miscarriages of justice, illegal evidence exclusion application of the rules by the unprecedented attention. Illegal evidence as exclusionary rule an integral part of the burden of proof is procedural safeguards elements. Illegal evidence that the allocation of responsibilities in the two provisions "have a clear responsibility norms, however, the combing as well as in judicial practice its ability to achieve effective operation of the internal structure of the question of responsibility for the illegal evidence that we need to team illegal evidence to prove that the concept of responsibility, judicial practice of the different legal systems of the countries by the clear inspection.The first chapter "illegal evidence burden of proof Overview" do a brief overview of the illegal evidence to prove liability and its theoretical basis."Illegal evidence that the basic theory of liability," the the problem domain burden of proof to prove that the standards in theory be in China, and, by extension, the illegal evidence that the special responsibility. In the third extra-territorial the illicit evidence that liability legislation and practice "elaborated by the two legal systems national legislation and practice, the problem of Comparative Law. Chapter Illegal evidence of the responsibility system Overview "is the Constitution, the Criminal procedure and judicial interpretation of the three levels of system construction, specific description and analysis of its legislative defects. Chapter five "Illegal evidence that the system improved by" illegal evidence that the allocation of responsibilities and supporting measures to improve their own views to make a few.