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Study On Meet Before The Trial And Exclusion Of Illegally Obtained Evidence

Posted on:2013-06-16Degree:MasterType:Thesis
Country:ChinaCandidate:M GaoFull Text:PDF
GTID:2246330374974071Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
Eliminating rules of the illegal evidence is a hot topic in the criminal procedurelaw circles. In the new points, the first appeared before the provisions of the relevantcourt meeting. According to the new regulation points, illegal evidence to the court inthe meeting shall be ruled out before. So far, our country before the court has ruledout illegal evidence of the realization of the platform. But before the meeting pointsabout court rules too general, lack of maneuverability. This paper is focused on thecourt before the meeting procedures and illegal evidence elimination, tries to makethrough the court before the meeting good operation, illegal evidence before the courtwill be ruled out, thus make the trial to efficient and focus on. Through the judger inthe court of the illegal evidence speak before the meeting shall be excluded, also canbe in trial judge and illegal evidence established between a barrier, prompted thejudge in don’t know illegal evidence exists, on the basis of case make a fair decision.This paper adopts comparative and empirical research method of combiningresearch, through the court for illegal evidence elimination program before research,summarizes countries before the differences and similarities between court program,and then analyze the their inspiration to China. The empirical research methodreflected in, this article discusses the current status of illegal evidence elimination rule,introducing judicial cases.This article on the structure is divided into the preamble and text two parts. Thispaper briefly introduces the introduction of this creation background. The text mainly divided into three parts, the first part is introduced before the court and eliminatingillegal evidence conference proceedings, mainly from legislation, judicial situationanalysis and research.The second section describes the court out before the meeting of the illegalevidence reasons. Conclusion, eliminating illegal evidence in the litigation proceduremust be independent, different from the trial judge by the judger chair.The third part introduce foreign court before eliminating illegal evidence program,including civil law and common law countries and regions, and carries on thecomparison, foreign court program that the differences and similarities. This paperpoints out that, while in common law countries and areas in court the procedures forexamination before excluding illegal evidence, and civil law countries and regions,such as Germany and France in the formal trial more than of illegal evidence shall beexcluded.The fourth part is the focus of this article, the author before the court the relevantissues are discussed, including the court before the meeting, start-up, told review,scope, form and effectiveness. This paper focuses on the court before the meetingspecific problems research; Trying to make court before the meeting program cangood operation, play its exclude illegal evidence, promote efficient, concentratinghearing trial of function.
Keywords/Search Tags:meeting before the trial, eliminating illegal evidence
PDF Full Text Request
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