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On Illegal Evidence Exclusion Rules Perfect

Posted on:2007-04-10Degree:MasterType:Thesis
Country:ChinaCandidate:M WangFull Text:PDF
GTID:2206360212483244Subject:Law
Abstract/Summary:PDF Full Text Request
The problem of adopting or excluding illegal evidence has always been focus of disputes in criminal procedure law fields.This essay is divided into three parts: the fist part is about judgment on illegaland the value of building the exclusion rule of illegal evidence. The second part is about the current condition of the exclusion rule of illegal evidence in our country and the flaws in the exclusion rule of illegal evidence in our country. The third part is about building up and improving he exclusion rule of illegal evidence in our country and the assorted of he exclusion rule of illegal evidence.Observing that this Rule has been widely established in legal states, the author examines in detail the internal value of the Rule per se and its operation value in criminal procedure. Moreover,the author argues that how a country processes illegal evidence is not a technical problem, nor the mention haphazard, but one that is significantly influenced and checked by factors like it's legal cultural tradition,political situation and value orientation of criminal procedure.However,it should be noted that China, detective skill is rather backward in common, thatillegally obtaining of evidence often happens, and that is urgent need to guarantee human rights.At the same time social maintainly stability requires striking crimes strictly. Considering this social status quo, the writer holds that the Exclusion Rule of Illegal Evidence in our country should be designed in combination with "Legal Exclusion" for illegal oral evidence and "Directionary Exclusion"for illegal material evidence. Furthermore, he attempts to put forward constructive advice on concrete regulations settings in this respect.
Keywords/Search Tags:Illegal Evidence, Exclusion Rule, Formulation
PDF Full Text Request
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