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On Illegal Evidence Exclusionary Rule Of Construction

Posted on:2006-04-14Degree:MasterType:Thesis
Country:ChinaCandidate:G Y LiuFull Text:PDF
GTID:2206360155969069Subject:Law
Abstract/Summary:PDF Full Text Request
Exclusion rules of illegal proves is one of the proof rules that has most the controversy in the proof realm, this is because it is a concentrated body consisted of these two big conflicts between target and coordination of the pertaining to crime litigation and punishment of crime and the guarantee of human rights, between traditional target that follow punishment's crime and the high guarantee of the modern and big ensign of human rights, between perplexing the pertaining to crime litigation theories of all countries and a hard nut to crack of the fulfillments. There is a blank to the illegal proof exclusion rule in the lawmaking and there have been two schools of disagree and dispute, Along with judgment reformation and the enlargement of the strengths, the absorb of two greatest proof rules mutually. It is a great pity that will absorb advanced law in world civilization since all the conditions has been mature. The paper analyzes the theories foundation in the rule and investigates the theories and fulfillments and draw lessons from illegal proof of , combine the our country lawmaking with foreign one, makes punishment crime and guarantee human rights into consideration, weigh the conflict of the procedure justice and the entity justice, attain the merits and demerits and stick the illegal proof of exclusion rule, in order to attain the perfect lawmaking, norm purpose of the judicial fulfillment.
Keywords/Search Tags:The illegal proof, Exclusion rules, To set up
PDF Full Text Request
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