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On The Construction Of Exclusive Rule Of Illegal Evidence In Our Country

Posted on:2006-07-26Degree:MasterType:Thesis
Country:ChinaCandidate:C Q JinFull Text:PDF
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Along with "human rights read-in Constitution" and the further advance of criminal judicature reform, the criminal procedure idea of "punishing crime through fair procedure" has already been established. To be on speaking terms, "the exclusionary rule for illegally obtain evidence", which aims to consolidate procedural justice and to maintenance constitutional rights and to restrain illegal investigation, will be also formally read-in criminal procedure law. However, the setup of the rule is not merely a problem of legislative technique, but to a great extent influenced and restricted by such factors as cultural tradition of law, politics and economics, criminal status and the tropism of criminal procedure value. Therefore, how this evidence rule fed up with dispute since its naissance is constructed can correspond to the situation of our country, showing its strong points and hiding its weakness, instead of just a copy of "declaration written" in paper or "not adapt to its surroundings" or "overweigh its cost". The aim of the paper is to probe into the theoretical base, the tropism of value and restricting factors on the backside of the rule, and to put forward how to rationally construct the scope and mode of the exclusion of illegally obtain evidence, specific operational procedure and auxiliary system, so that this evidential rule might really have maneuverability and actually perform its function to ensure the right exertion of national jurisdiction.
Keywords/Search Tags:the exclusionary rule for illegally obtain evidence, operational procedure, auxiliary system
PDF Full Text Request
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