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Investigation On The Reform Of Duty Crime In The Implementation Of Illegal Evidence Exclusion Rules

Posted on:2014-06-07Degree:MasterType:Thesis
Country:ChinaCandidate:B LiFull Text:PDF
GTID:2176330467965161Subject:Procedural law
Abstract/Summary:PDF Full Text Request
Exclusionary rule was established in the United States is due to infringement of thepolice investigation and the exclusion of evidence obtained so as to achieve the purpose ofsanctions the right remedy is to protect human rights and the fight against crime is one of theequilibrium point. Our traditional judicial system has the tendency of entity, procedure, itbrought a lot of hidden trouble to the judicial practice of our country. In this context, in March2012was revised our Code of Criminal Procedure, in which the exclusionary rulemodifications and clear the criminal law field caused widespread concern of scholars. In thispaper, our exclusionary rule as a starting point the main contents, the main contents ofprocuratorial organs duty crime investigation work and does not adapt to the rule has carriedon the preliminary discussion, and some issues and put forward countermeasures accordingly.This paper is illustrated from three parts as follows.The first part, starting from the relevant provisions of the United States, Britain,Germany, Japan and other countries, introduces the development process of exclusionary rulein China, and makes a concrete analysis of the exclusionary rule of illegally obtainedevidence in our country the main contents and principles, and finally describes theimplementation of the illegal evidence elimination rule environment the meaning of dutycrime investigation.The second part,from the procuratorial organ the concept of duty crime investigationand evidence collection system, performance evaluation methods and investigation personnelquality and other aspects, analyzing the duty crime investigation work and does not match therule of the problem;The third part, in view of current duty crime investigation work and doesn’t fit the illegalevidence exclusion rules of some problems, the author put forward the procuratorial organs inurgent need of reforming duty crime investigation, in order to meet the requirements for theimplementation of the illegal evidence exclusion rule. At the same time, mainly puts forwardthe countermeasures of reform:The first is to change detection concept, improve the detectionmode; The second is to improve the implementation of the environment, perfect workingmechanism; The third is to combed evidence consciousness, constructs the evidence system;Fourth, increase investment in science and technology, improve the detection mechanism; The fifth is to strengthen professional training, and enhance the level of law enforcement.
Keywords/Search Tags:illegal evidence, exclusionary rule, duty crime investigation
PDF Full Text Request
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