Font Size: a A A

The Exclusionary Rule Of Illegal Evidence In Our Country

Posted on:2014-01-14Degree:MasterType:Thesis
Country:ChinaCandidate:Z P HangFull Text:PDF
GTID:2256330398956178Subject:Law
Abstract/Summary:PDF Full Text Request
The exclusionary rules of illegal obtained evidence might be an important part of Evidence System in the Criminal Suits. It’s a product made in the process of balancing the protection of human rights and punishment of crime, which are the two major purposes of criminal suits. As a while, it highlights the contradictions in the litigation between the ideals and judicial reality. The exclusionary rules of criminal illegal obtained evidence are essentially made with the purpose of protecting human rights, in addition to protect the rights of the general citizens, more importantly to protect disadvantage defendant against the injustice aspects. This article fully helps us understand and grasp the rules by analyzing the rules to build the theoretical foundation, and tells us the value goals hided in establishing the rules. The contents contain a choice between the interests of protection of human rights and punishment of the perpetrators, the conflict between procedural and substantive justice, and also the guiding role of the presumption of innocence.The modification of Criminal Procedure Law has brought great changes for the exclusionary rule. The introduction of legislative evolution presents the specific development history of the exclusionary rule, besides it can help us grasp the overall operating system of the rules. These further improvements made a series of provisions confirmed in the legislation, showing the achievement of the construction of legal system in China.And then, the author selected four representative countries as the objects of this comparative research, the author compares legislation in criminal suits and make a thorough inquiry of the reasons for the formation of these divergences. The United States has a most perfect system design for the exclusionary rules, through the pattern of absolute exclusion and exception stipulations, it makes sure the realization of rights of the citizens have gotten the best protection. Similarly, the United Kingdom, who also belongs to the continental law system, has taken a clear attitude on the exclusion of the illegal oral evidence. However, compared to the oral evidence, it adopts a discretionary mode to the exclusionary of other evidence. Germany and Japan are parts of civil law countries the dominant position of the judge in the trial proceedings decides the similarity between the two countries in this rule. The rules of these two countries didn’t be clearly reflected in the legal provisions, they are mainly reflected in the academic community. Through analysis on individual countries, it can be found that the foundation process of this rule is not easy, not stereotyped. According to their own system, they made matching system designs, and they continued to supply and improve their regulations in the process of the investigation of cases and trial practice, finally resulting in forming a distinctive system of rules.On the basis of full understanding and grape of our theoretical orientation and legislative practice in superior system, after fully absorbing and learning from other countries, we should propose a development plan matched with our country. These existing legislative activities provide fully favorable conditions for the development of this rule, the scope of the illegal evidence exclusion has be limited, and the design of program has a relatively perfect shape. So what we should do is to make up for the loopholes in the rules. In order to put new provisions into practice, we must carry out the legal interpretation. The defects of the system need to be corrected, and it is also necessary to improve the rules of the legislation constantly and establish an effective restriction mechanism, including both the system of internal and external constraints. In addition, the supporting measures can greatly enhance the operability and the practicality of this rule, and thus we need to improve our specific operational measures of the improve our exclusionary rules of criminal illegal obtained evidence based on constant practical test.
Keywords/Search Tags:illegal obtained evidence, exclusionary rules, human rights protection
PDF Full Text Request
Related items