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Research On Illegal Obtained Evidence Exclusionary Improvement

Posted on:2013-01-22Degree:MasterType:Thesis
Country:ChinaCandidate:G ZhaoFull Text:PDF
GTID:2216330374963431Subject:Law
Abstract/Summary:PDF Full Text Request
The exclusionary rule of illegally obtained evidence is not only the process of establishment ofsocialist rule of law's inevitable requirement, it is our country criminal litigation evidence systeminnovation. In our country, the establishment of illegal evidence exclusion rules regardless of is tomaintain social order, or to the laws and regulations of the sound development has important guidingsignificance, particularly promoting the rule of criminal evidence in China 's reform and developmenthas practical significance. This paper mainly in the Anglo-American law system and continental lawsystem of criminal illegal evidence exclusionary rules as reference, analyzes our country facing in thissituation and what ills, seriously understand the Supreme Court and the Supreme People's Procuratoratein2010jointly issued on how to establish the exclusionary rule of evidence illegally obtained thirtiethfiles spirit as well as the2012new criminal procedure method, thus put forward to accord with ourcountry fundamental realities of the country more scientific and rational exclusionary rule of illegalevidence.
Keywords/Search Tags:Illegal Obtained Evidence, Exclusionary rule, Referee Procedure, The burden of proof
PDF Full Text Request
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