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Criminal Illegal Evidence Exclusion Rule Research

Posted on:2006-09-25Degree:MasterType:Thesis
Country:ChinaCandidate:Z H FangFull Text:PDF
GTID:2206360182460036Subject:Law
Abstract/Summary:PDF Full Text Request
In view of the present condition in our country that the legal rules eliminating illegal evidence of crime are simple and defective, making use of admissibility theory in British and American Evidence Law is very important to the problem of construction and improvement upon the legal rules about eliminating and studying illegal evidence of crime. This essay goes further into the construction and improvement upon eliminating illegal evidence of crime from theoretical and practical angles by means of comparative law, jurisprudence, rechtsphilosophie and positive methods.This essay is divided into six parts:The first part is about judgment on illegal evidence. This part probes into it from 3 respects: The first is judgment on evidence conception. There are many explanations about evidence. This essay suggests evidence be the joint of evidence materials and methods through analyzing the explanations of authority and academia. The illustration of the conception includes static materials as well as dynamic evidence getting and proving process in court. The second is judgment on illegal evidence. This essay judges the conception of illegal evidence from the content, form and source of evidence materials and the methods of gaining, inquiring and attesting evidence while classifies the illegal evidence within both generalized and narrow categories. The third is the effect of illegal evidence. By approaching the several ideas about illegal evidence in present academia, this essay suggests the opinion should be adopted that relative rationalism makes our effect of illegal evidence compromise. Through judgment of illegal evidence, the foundation and category of conception and assessment on its effect made by academia are found out.The second part is the admissibility of evidence. This part probes it from four respects: The first is the conception of admissibility. Through comparing the meaning and classification of admissibility with the legal features of evidence in our country, this essay suggests admissibility feature be more practical than legal feature. The second is regulations of admissibility. The opposite of admissibility is exclusion, so exclusion rule is also the important part of admissibility rule. The cases where evidences are excluded often take place, the evidence having admissibility may be excluded. Some evidences depend on whether their negative effects are more over the value of adopting these evidences, thereby proves the particularity stipulated in admissibility rule. The third is the judicial discretion of admissibility. It refers to giving a judge certain discretion right to decide admission or exclusion in legal. The fourth is assessment on admissibility. It states the advantage of admissibility theory, particularity of its rule and necessity of judicial discretion to provide the bases for making use of admissibility theory to build up the rule of illegal evidence exclusion of crime.The third part is about observing and studying the rule of illegal evidence exclusion of crime abroad. This part observes and studies it from respects: The first is Britain, the second is USA, the third is Japan, the fourth is France, Germany, Italy andRussia. This part makes comparative study on rules of admissibility and illegal evidence exclusion in above countries to offer reference for the defects of illegal evidence exclusion in our country.The fourth part is about the current condition of illegal evidence exclusion of crime in our country. This part analyzes it from 3 respects: the first is the stipulation about illegal evidence exclusion of crime in current legislation of our country. The second is the flaws in illegal evidence exclusion of crime of our country. The third is the necessity of setting up and bettering regulation on illegal evidence exclusion.The fifth part is about building up and improving the rule of illegal evidence exclusion of crime in our country. We can carry it out 5 respects: the first is the problem of admissibility on the affidavit given by accused persons and suspects; the second is the problem of admissibility on attestation of witness got by illegal ways and the statement of victim; the third is the problem of admissibility on definite object got by illegal search and detaining; the fourth is the problem of admissibility on "Fruits of the poisonous tree"; the fifth is discussion on the hot points related with the rule of illegal evidence exclusion of crime including the admissibility got by detecting clandestinely, unlawfully and of evidence got by "detect traps", showing the opinion of whether exclude or how to exclude.The sixth part is about the assorted system of the rule of illegal exclusion of crime. This part designs it from 8 respects: the first is to set up the idea "truth on law"; the second is to build up review mechanism for evidence before beginning a court session; the third is to set up the system that a record should be made when suspect or accused person's body is checked or he or she is interrogated; the fourth is to enhance supervising detecting activities; the fifth is to establish the system of application that illegal evidence exclusion of crime is in vain and appealing a judicial case; the sixth is to create the system of repeated gaining evidence; the seventh is to establish the system of punishing the persons who get evidence unlawfully; the eighth is to better the system of relief and compensation by country.
Keywords/Search Tags:illegal evidence, rule of illegal evidence exclusion, admissibility
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