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Study On The Illegal Evidence Elimination Rules In China

Posted on:2014-11-22Degree:MasterType:Thesis
Country:ChinaCandidate:K L OuFull Text:PDF
GTID:2256330401458736Subject:Law
Abstract/Summary:PDF Full Text Request
The evidence is the core and the key of the crack criminal cases; it is an importantcontent of criminal system. Therefore, the collection and applicable of evidence appear toquite important, because it relates to the problem that whether the criminal suspect, thedefendant constitute of a crime. A few years ago,"DuPeiWu case","SheXiangLin case","ZhaoZuoHai case" and "ZhangGuoXi case" have appeared in our country, these unjust casesis result from criminal confessions by the mean of which to get oral confession and the oralconfession as the clues which makes suspect convicted for "evidence". those cases makeslegislation circle have to think about criminal litigation illegal evidence elimination problem,the article divided into four parts gives to the analysis and explanation of the problem:The first part, giving a brief elaboration on the topic background, the domestic andforeign research present situation on the selected topic.The second part, introducing the concept of illegal evidence and the concept of illegalevidence exclusion;Analyzing the abroad theory foundation of illegal evidence exclusion andthe theory foundation we should adopt in our country to establish rules of excluding illegalevidence system.The third part,analyzing of the status quo of criminal illegal evidence exclusion rule inChina. Including legal status, legal status and the existing problems in three aspects.The fourth part, putting forward personal advice to build the supporting measures fromthe legislation form, the legislation content, and the establishment of supporting measures.
Keywords/Search Tags:The Illegal Evidence Elimination Rule, The illegal physical evidence, Theillegal words evidence, New "Criminal Procedural Law"
PDF Full Text Request
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