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Torture To Extract Confessions Definition And Allocation Of Burden Of Proof

Posted on:2014-02-10Degree:MasterType:Thesis
Country:ChinaCandidate:Q S LeiFull Text:PDF
GTID:2246330395975216Subject:Procedural law
Abstract/Summary:PDF Full Text Request
Torture to extract confessions as the oldest official acts of violence, has a long history,profound influence, the so-called evidence of illegal evidence is one of the main species. Theexclusionary rule of illegally obtained evidence in the newly revised 《Law of criminalprocedure》 in the final were clearly identified down the criminal procedure law of ourcountry is the most practical, constructive even revolutionary progress, is our countrypeople’s rights progress symbolic act. Illegal evidence is evidence by torture to extractconfessions as the main content, the exclusionary rules of illegal evidence correctly appliesthe premise, The“torture to extract confessions”is a word to make an accurate andappropriate explanation. In view of the fact that in judicial practice in China, the performanceof all kinds of torture to extract confessions, there is a need for some main ways identification.This passage attempts to include the2010the Supreme People’s court, the Supreme People’sProcuratorate, the Ministry of public security, the Ministry of state security, the Ministry ofJustice jointly developed the 《About the death case review is dealt with examining andjudging the evidence》and《Provisions on some issues concerning the handling of exclusion ofillegal evidence in criminal cases if the stem question》and the provisions of the amendedcriminal procedure law, the relevant evidence exclusion analysis to our country, and torture toextract confessions system to establish and gradually improve the analysis, combined withChina’s current law enforcement practice, find out the system existence the main flaw, oftorture to extract confessions obtained evidence cognizance standard, through legal channelsto be excluded, while clearly torture to extract confessions of burden of proof, and drawlessons from and I China Taiwan areas of advanced experience on the basis of perfect ourcountry, exploring the ways and methods of torture to extract confessions system, make trulytorture to extract confessions system to play its due role, so that the torture to extractconfessions evidence really to be out in the judicial practice in China, the real safeguardhuman rights and dignity.
Keywords/Search Tags:torture to extract confessions, illegal evidence, determination, burden of proof
PDF Full Text Request
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