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Illegal Evidence Exclusion Rule Research

Posted on:2013-10-25Degree:MasterType:Thesis
Country:ChinaCandidate:Q DongFull Text:PDF
GTID:2246330374963623Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
Exclusionary rule of illegally obtained evidence is the important content inCriminal action.The exclusionary rule of illegally obtained evidenceimplementation helps to prevent and curb torture to extract confessions andother illegal means to collect evidence. For the maintenance of justice to providestrong protection.In this paper, combined with the scholar’s point of view and on thepremise of clear understanding of what is illegal evidence and the characteristicsof the illegal evidence, analysis the illegal evidence base of United States,Britain, Germany, Japan and other countries, and illegal evidence contents ofvarious countries, as well as the cognition every country towards key questionsin illegal evidence. These countries’ attitudes in the illegal verbal evidence,illegal physical evidence and in the fruit of the poisonous tree, take a differentattitude and exceptions, our country can draw lessons from these.In this paper, analysis China’s current legislation situation of the exclusionrule of illegal evidence and the scale of illegal evidence exclusion rules in theexisting laws of our country. Summing up other Chinese scholars’ differentpoint towards illegal evidence exclusion rules, including four aspects:“Completely exclusion”,“No exclusion”,“Principle exclusion” and whether toexclude “fruits of the poisonous tree”.Provisions in the new Criminal Law issued in March,2012have a newbreakthrough. perfecting the illegal evidence exclusion’s requirements to everydepartment, including investigative organs, investigators, lawyers, procuratorialorgan and procuratorial personnel, etc. perfecting the illegal verbal evidenceexclusion scale and illegal physical evidence exclusion scale and so on. On thebasis of approval these breakthrough. At the same time, we found that theexclusion of illegal evidence still exist deficiencies. in order to execute ourcountry’s constitution, criminal law and other laws and regulations in strictrotation, and to maintain the seriousness of the law, suggestions combined with problem in Judicial practice, various departments to put forward higherrequirements, adding legal consequence of breaking the law in some provisions.In the detail more perfect exclusionary rule of illegally evidence. in order toreduce unlawful acts becaused of illegal evidence obtaining behavior and tomaintain the dignity of the law.
Keywords/Search Tags:Criminal action, illegally evidence exclusion, verbal evidence, physical evidence
PDF Full Text Request
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