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The Criminal Illegal Evidence Exclusion Rule Research

Posted on:2014-02-12Degree:MasterType:Thesis
Country:ChinaCandidate:D GaoFull Text:PDF
GTID:2246330395998673Subject:Law
Abstract/Summary:PDF Full Text Request
In today’s world, most of the modern country under the rule of law are widely adopted a criminal litigation rules of criminal illegal evidence exclusion, the establishment of the rule can effectively curb illegal evidence collection behavior, investigators in the process of law enforcement to better safeguard case in court procedure legitimacy, also can better safeguard legitimate rights of criminal suspects and defendants, more in line with the principles of respect and safeguard human rights principle.The criminal procedure law of our country in2012conducted a large-scale revision, the revised criminal procedure law of the provisions from article225increased to290, this change not only involves the related principles, at the same time also made a modification and improvement for some system, the revised "criminal procedural law" for the first time in the principle of "respect and safeguard human rights" and further stipulated and perfected the illegal evidence exclusion of related content. This is a big step forward than before, but for the regulation of the rules is not perfect, also we need to constantly sum up experience, in the later practice to be modified, in order to better protect the rights of criminal suspects and defendants’ legal.Content of this article is divided into four parts altogether, the first part mainly expounds the value of the criminal illegal evidence elimination rule, such as effectively curb forced confession, to better protect human rights, building civilized lawsuit system; Second part from the concept and scope two aspects to our country the present situation of the criminal illegal evidence elimination rule is analyzed, mainly on the criminal illegal criminal illegal words evidence and physical evidence for analysis, in addition to through the various stages of the criminal procedure is also carried on the simple analysis; Elsewhere in the third part is mainly on foreign and the introduction of relevant systems and regulations, such as excluding unlawful search of, seizure, illegal communication supervision of exclusion, etc.; The fourth part is mainly to our country criminal illegal evidence exclusion rules to perfect the related Suggestions., through the above four parts introduction and to our country criminal illegal evidence exclusion rules have further understanding, to reference and learn about other countries and regions at the same time, on the basis of the relevant regulations should be combined with Chinese actual conditions, constantly on the criminal illegal evidence exclusion rules were studied and discussed, make its better application in judicial practice, so as to better protect human rights of criminal suspects and defendants, and then build up our country lawsuit system in the judicial civilization.
Keywords/Search Tags:the illegal evidence exclusion rules, value, current situation, Humanrights, perfect
PDF Full Text Request
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