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The Related Problem Of Illegal Exclusionary Rule Is A Comparative Study

Posted on:2007-05-25Degree:MasterType:Thesis
Country:ChinaCandidate:X K MaFull Text:PDF
GTID:2206360212970454Subject:Law
Abstract/Summary:PDF Full Text Request
The illegal evidence gets rid of the rule and ranges widely, it is not merely whether one could enter contentious procedure about illegal evidence, could declare evidence rule of foundation of measurement of penalty guilty as crime of accusing of to defendant, still involve the question in a great deal of fields such as history, politics, philosophy. To relevant views that the scholars have already explained, I am some approvals, some hold different opinions, this text exactly attempts to get rid of regular relevant problems and launch studying to the illegal evidence from different angles, expect to get rid of regular setting-up and completion to the illegal evidence of our country beneficially.If consider conscientiously the illegal evidence gets rid of this question with practicality of the rule, totally it is necessary to understand more by itself this regularly, for example the illegal evidence gets rid of the definition of the basic conception in the rule, should regular historical origin, theoretical foundation, get rid of range and burden of proof, prove standard, get rid of procedural to stipulate, to to specialize in poisonous fruit of tree, wait a moment, these questions all need explaining and analyse, clear. Among them, the illegal evidence gets rid of the illegal evidence in the rule, illegal evidence get rid of regular meaning define, historical investigate, sureness of theoretical foundation of origin and exclusion design of range problems to be solved at first, especially still get rid of in our country under the realistic situation in primary stage set up of the rule in the illegal evidence, probe into these pieces of demand with more primary question, has only solved these problems, it is a detail problem to further study even more.Have got rid of regular historical origin and ripe legislation and judicial practice and offered rich meaning of using foreignly for reference for the fact that we set up illegal evidence and get rid of the rule about the illegal evidence Original version, we should select the essence, pay close attention to the reality with our country again through carrying on the comparative study, thus draw the rational conclusion. In the article, I get rid of the rule to define to the illegal evidence and illegal evidence at first, think: It does not have correct question or not that different theories in the field of criminal suit of illegal evidence are...
Keywords/Search Tags:Illegal evidence, The rule in removing the illegal evidence, Theory basis, The scope in removing the illegal evidence
PDF Full Text Request
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