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Criminal Illegal Evidence Exclusion Rules

Posted on:2013-02-28Degree:MasterType:Thesis
Country:ChinaCandidate:C LiuFull Text:PDF
GTID:2216330371973001Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
In recent years, some unjust cases occur because of extorting confessions by torture,so more and more people begin to pay attention to the exclusionary rule of illegal evidence. At present, countries and regions in the rest of the world are mostly set the exclusionary rule of illegal evidence in the rules.America is the earliest country who establishes the exclusionary rules of illegal evidence,and this rule is well perfected in America now.England,who belongs to the Common-Law System too,has established the exclusionary rules of illegal evidence. What's more,Japan and Germany,who belong to the Civil-Law System,has also established their own exclusionary rules of illegal evidence.But China is still lacking the rule in the relevant laws and regulations.On July1st2010,The provisions of handling the exclusion of illegal evidence in criminal cases was issued.This rule marked the exclusionary rules of illegal evidence formally established in China. On March14th2012,the Criminal procedure law was modified.It added the rule about everyone has the right of should not be forced to incriminate himself.However, it still has shortcomings,such as the scope of the exclusion of illegal evidence, the operability of the exclusion of illegally evidence and the supporting measures.Therefore, the recommendations are offered in perfecting the investigation procedure and setting up evidence review mechanisms,in order to perfect the rule of eliminating illegal evidence.
Keywords/Search Tags:extort confessions by torture, the exclusionary rule of illegalevidence, supporting measures
PDF Full Text Request
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